HD 

7B35 


-NRLF 


GIFT  OF 


DOCUMENTS 
DEPT. 


GTFT 
31  W9 


NEW  YORK  STATE  DEPARTMENT  OF  LABOR 


LABOR  LAWS 


OF 


NEW   YORK   STATE 


1913 


PRINTED  IN  ADVANCE  FROM  THE  THIRTEENTH  ANNUAL 
REPORT  OF  THE  COMMISSIONER  OF  LABOR 


JAMES  M.  LYNCH 

COMMISSIONER 


ALBANY 

J.  B.  LYON  COMPANY.  PRINTERS 
1913 


NEW  YORK  STATE  DEPARTMENT  OF  LABOR 


LABOR  LAWS 


OF 


NEW   YORK   STATE 


1913 


PRINTED  IN  ADVANCE  FROM  THE  THIRTEENTH  ANNUAL 
REPORT  OF  THE  COMMISSIONER  OF  LABOR 


JAMES  M.  LYNCH 

COMMISSIONER 


ALBANY 

J.  B.  LYON  COMPANY.  PRINTERS 
1913 


INTRODUCTORY  XOTE. 

In  this  compilation  are  included  all  the  laws  in  force  concerning  labor 
with  amendments  to  and  including  1913.  Of  first  importance,  of  course,  is 
the  general  Labor  Law,  but  in  addition  to  that  statute  there  is  a  large 
number  of  laws  which  also  directly  or  indirectly  affect  labor  and  these  are 
given,  classified  by  subjects,  following  the  general  Labor  Law.  The  texts 
are  given  as  in  the  Consolidated  Laws  of  1909  and  1910,  or  as  since  amended. 
References  are  given  to  all  such  amendments.  For  references  to  the  sources, 
both  original  acts  and  amendments,  of  the  various  provisions  as  enacted  in 
the  Consolidated  Laws,  see  a  similar  compilation  in  the  Annual  Report  of  the 
Commissioner  of  Labor  for  1909  (Appendix  VI). 

In  notes  are  given  cross  references  to  laws,  and  references  to  court  de- 
cisions or  opinions  of  the  Attorney-General  construing  the  lawrs.  The  latter 
may  be  found  in  the  reports  of  the  Attorney-General  or  in  the  reports  of  the 
Commissioner  of  Labor  for  the  years  indicated. 

[2] 


CONTENTS. 


THE  "  LABOR  LAW  "  (Chapter  31  of  the  Consolidated  Laws):  PAGE 

1.  Short  title;  definitions  (§§  1-2) 7 

2.  General  provisions  (§§  3-22) 9 

3.  Department  of  labor  (§§  40-48) : 21 

3-A.  Industrial  board  (§§  50-52). 23 

4.  Bureau  of  inspection  (§§  53-61) 25 

5.  Bureau  of  statistics  and  information  (§§  62-65) 30 

6.  Factories  (§§  69-99-a) 31 

7.  Tenement-made  articles  (§§  100-106) 65 

8.  Bakeries  and  confectioneries  (§§  110-117) 71 

9.  Mines,  tunnels  and  quarries  and  their  inspection  (§§  119-136) 75 

10.  Bureau  of  mediation  and  arbitration  (§§  140-148) 88 

11.  Bureau  of  industries  and  immigration  (§§  151-156-a) 89 

12.  Employment  of  women  and  children  in  mercantile  establishments 

(§§  160-173) 95 

13.  Convict-made  goods   and   duties   of   commissioner   of   labor   relative 

thereto  (§§  190-195) 102 

14.  Employer's  liability  (§§  200-212) 104 

14-a.  Workmen's  compensation  in  certain  dangerous  employments  (§§  215- 

219-g) 110 

15.  Employment  of  children  in  street  trades  (§§  220-227) 115 

16.  Laws  repealed;  when  to  take  effect  (§§  240-241) 117 

PENALTIES  FOR  VIOLATION  OP  THE  LABOR  LAW 121 

CHILD  LABOR: 

Educational  restrictions 124 

Certain  employments  of  children  prohibited 130 

Taking  apprentice  without  guardian's  consent 133 

Payment  of  wages  to  minors 133 

HOURS  OF  LABOR: 

Drug  clerks 134 

Public  holidays 134 

Sunday  labor 135 

Vacations  of  public  employees 136 

DUTIES  AND  LIABILITIES  OF  EMPLOYERS  AND  EMPLOYEES: 
(See  also  Article  14  of  Labor  Law  above.) 

Liability  of  railway  companies  for  injuries  to  employees 137 

Damages  for  injuries  causing  death 137 

Criminal  liability  for  negligence 138 

Employees  not  to  dispose  of  materials  furnished 138 

Corrupt  influencing  of  agents,  employees  or  servants 139 

[3] 


4*  CONTENTS. 

POLITICAL  AND  LEGAL  RIGHTS  AND  PRIVILEGES  OF  WORKINGMEN:  PAGE 

Allowing  time  for  employees  to  vote 140 

Prohibiting  coercion  of  voters  by  employers 140 

Exemptions  from  attachment  for  debt  (garnishee  law) 141 

Taking  security  for  usurious  loans 143 

Assignment  of  wages 143 

Ordinary  exemptions  not  valid  against  debts  for  wages 149 

Making  employees  preferred  creditors 149 

Liability  of  stockholders  for  wage  debts 149 

Making  railroad  corporations  liable  for  wages  due  employees  of  contractors. .  150 

Exempting  certain  employees  from  paying  costs  in  suits  for  wages 151 

Married  woman's  right  of  action  for  wages 152 

PUBLIC  WORK  AND  PUBLIC  CONTRACTS: 

Empowering  the  Legislature  to  regulate  the  conditions  of  employment  on 

public  work 153 

Laborers  employed  in  the  state  service 153 

Semi-monthly  payment  of  wages  to  state  employees 153 

Fixing  the  compensation  of  employees  of  state  prisons *•  •  •  •  154 

Fixing  the  compensation  of  employees  of  state  armories 154 

Registration  of  laborers  for  municipal  employment 155 

Fixing  the  compensation  of  employees  of  the  street  cleaning  department  in 

New  York  City 155 

Relief  and  pension  fund  for  New  York  City  street  cleaners 157 

Prohibiting  the  sub-letting  of  public  contracts 161 

Securing  the  payment  of  wages  to  employees  of  contractors  upon  canals. . .  .  162 

Authorizing  the  eight-hour  day  on  reservoir  construction  in  New  York  City .  162 

PRISON  LABOR: 

Occupation  and  employment  of  convicts 164 

Employment  of  prisoners  in  county  jails 168 

Employment  of  prisoners  in  New  York  City  prisons 169 

AGRICULTURAL  LABOR: 

Providing  for  statistics  of  agricultural  employment 171 

RAILWAY  LABOR: 

Safety  of  railway  employees 172 

Full  crew  law 176 

Requiring  the  enclosure  of  street-car  platforms 177 

Qualifications  of  engineers  and  telegraphers 178 

Qualifications  of  street  railway  conductors,  motormen,  etc 178 

Employment  of  intemperate  persons  on  railways  and  steamboats 179 

Misconduct  of  employees  of  elevated  railroads 179 

Regulating  the  wearing  of  uniforms  and  badges 180 

Conductors  and  trainmen  as  special  policemen 180 

Providing  for  bail  of  railway  employees  in  case  of  accident 181 

Unclaimed  articles  found  in  public  vehicles  to  be  sold  for  benefit  of  employees' 

association 181 

Complaints  to  public  service  commissions 182 


CONTENTS.  *5 

INDUSTRIAL  EDUCATION:  PAGE 

The  apprentice  system 184 

Industrial  training  in  the  public  schools 187 

Schools  in  labor  camps 191 

Free  lectures  for  working  people 192 

LICENSING  OF  TRADES: 

Licensing  of  engineers  and  pilots  of  vessels 194 

Licensing  of  chauffeurs 194 

Licensing  of  moving-picture  machine  operators 196 

Licensing  of  steam  engineers  in  New  York  City 198 

Licensing  of  stationary  firemen  in  New  York  City 201 

TRADE  UNIONS: 

Action  by  or  against  an  unincorporated  association 203 

Authorizing  the  incorporation  of  labor  organizations 204 

Authorizing  labor  unions  to  maintain  or  construct  halls,  etc 204 

Forbidding  labor  unions  to  discriminate  against  members  of  the  national 

guard 206 

Preventing  fraudulent  representation  in  labor  organizations 206 

Unauthorized  use  of  badges,  titles,  etc 206 

Forbidding  employers  to  coerce  employees  in  regard  to  membership  in  labor 

unions 207 

Making  it  unlawful  to  bribe  representatives  of  labor  unions 207 

INDUSTRIAL  DISPUTES: 

The  right  to  strike;  intimidation;  picketing;  boycotting;  blacklisting;  ex- 
clusive or  "  union  shop  "  agreements 208 

Conspiracy,  intimidation,  extortion,  etc 209 

Anti-Pinkerton  law 212 

REGULATION  OF  EMPLOYMENT  AGENCIES,  BOARDING  HOUSES,  ETC.:  , 

Employment  offices  in  cities 213 

Sale  of  transportation  tickets  and  receiving  of  deposits 224 

Regulating  private  banking 227 

Making  fraud  by  a  notary  a  misdemeanor 232 

Sailors'  boarding-houses  to  be  licensed 233 

INDEX..  .  237 


THE   LABOR   LAW. 

CHAPTER  36  OF  THE  LAWS  OF  1909,  CONSTITUTING  CHAPTER  THIRTY-ONE  OF 
THE  CONSOLIDATED  LAWS,  AS  AMENDED. 


LABOR   LAW. 

Article     1.  Short  title;  definitions  (§§  1-2). 

2.  General  provisions    (§§   8-22). 

3.  Department  of  labor   (§§  40-48). 
3-A.  Industrial  board   (§§   50-52). 

4.  Bureau  of  inspection   (§§  53-61). 

5.  Bureau  of  statistics  and  information   (§§  62-65). 

6.  Factories    (§§    69-99-a). 

7.  Tenement-made  articles   (§§   100-106). 

8.  Bakeries  and  confectioneries   (§§   110-117). 

9.  Mines,  tunnels  and  quarries  and  their  inspection   (§§   119-136). 

10.  Bureau  of  mediation  and  arbitration  (§§  140-148). 

11.  Bureau  of  industries  and  immigration    (§§    151-156-a). 

12.  Employment    of    women    and    children    in    mercantile    establishments 

(§§  160-173). 

13.  Convict-made  goods  and  duties  of  commissioner  of  labor  relative  thereto 

(§§   190-195). 

14.  Employer's   liability    (§§   200-212). 

14-a.  Workmen's  compensation  in  certain  dangerous  employments   (§§  215- 
219-g).     [Unconstitutional.'] 

15.  Employment  of  children  in  street  trades    (§§   220-227). 

16.  Laws  repealed;  when  to  take  effect  (g§  240-241). 

ARTICLE   1. 
Short  Title;  Definition*. 

Section  1.  Short  title. 
2.  Definitions. 

§  1.  Short  title. —  This  chapter  shall  be  known  as  the  "Labor  Law." 

§  2.  Definitions. —  Employee.  The  term  "  employee,"  when  used  in  this  chap- 
ter, means  a  mechanic,  workingman  or  laborer  who  works  for  another  for 
hire. 

Employer.  The  term  "  employer,"  when  used  in  this  chapter,  means  the 
person  employing  any  such  mechanic,  workingman  or  laborer,  whether  the 
owner,  proprietor,  agent,  superintendent,  foreman  or  other  subordinate. 

Factory;  work  for  a  factory.  The  term  "factory,"  when  used  in  this 
chapter,  shall  be  construed  to  include  any  mill,  workshop,  or  other  manu- 
facturing or  business  establishment  and  "all  buildings,  sheds,  structures  or 
other  places  used  for  or  in  connection  therewith,  where  one  or  more  persons 
are  employed  at  labor,  except  power  houses,  barns,  storage  houses,  sheds  and 
other  structures  used  in  connection  with  railroad  purposes,  other  than  con- 
struction or  repair  shops,  subject  to  the  jurisdiction  of  the  public  service 

[7] 


8*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

commission  under  article  three  of  the  public  service  commissions  law.  \York 
shall  be  deemed  to  be  done  for  a  factory  within  the  meaning  of  this  chapter 
whenever  it  is  done  at  any  place,  upon  the  work  of  a  factory  or  upon  any  of 
the  materials  entering  into  the  product  of  the  factory,  whether  under  con- 
tract or  arrangement  with  any  person  in  charge  of  or  connected  with  such 
factory  directly  or  indirectly  through  the  instrumentality  of  one  or  more 
contractors  or  other  third  persons. 

Factory  building.  The  term  "  factory  building,"  when  used  in  this  chap- 
teT*,  means  any  building,  shed  or  structure  which,  or  any  part  of  which,  is 
occupied  by  or  used  for  a  factory. 

Mercantile  establishment.  The  term  "  mercantile  establishment,"  when 
used  in  this  chapter,  means  any  place  where  goods,  wares  or  merchandise 
are  offered  for  sale. 

Tenement  house.  The  term  "  tenement  house,"  when  used  in  this  chap- 
ter, means  any  house  or  building,  or  portion  thereof,  which  is  either  rented, 
leased,  let  or  hired  out,  to  be  occupied,  or  is  occupied  in  whole  or  in  part 
as  the  home  or  residence  of  three  families  or  more  living  independently  of 
each  other  and  doing  their  cooking  upon  the  premises,  and  includes  apart- 
ment houses,  flat  houses  and  all  other  houses  so  occupied,  and  for  the  pur- 
poses of  this  chapter  shall  be  construed  to  include  any  building  on  the  same 
lot  with  any  such  tenement  house  and  which  is  used  for  any  of  .the  purposes 
specified  in  section  one  hundred  of  this  chapter. 

Whenever,  in  this  chapter,  authority  is  conferred  upon  the  commissioner 
of  labor,  it  shall  also  be  deemed  to  include  his  deputies  or  a  deputy  acting 
under  his  direction.  [As  am'd  l)y  L.  1913,  ch.  519.] 

"Tenant  factory"  is  defined  in  §  94,  post.  The  definition  of  "tenement  house" 
here  differs  slightly  from  that  in  the  Tenement  House  Law,  ch.  61  of  the 
Consolidated  Laws,  §  2. 

The  term  "  employer  "  includes  the  officers,  agents  and  employees  of  municipali- 
ties (opinion  of  Attorney-General,  September  29,  1913). 

Gas  and  electric  light  plants,  whether  privately  or  municipally  owned,  and 
power  houses,  other  than  those  used  in  connection  with  railroads,  are  "  factories," 
but  water  works  pumping  stations  are  not  (opinion  of  Attorney-General,  September 
29,  1913). 

Departments,  maintained  in  department  stores,  clothing  stores  and  millinery 
shops  in  which  articles  are  made,  are  factories  (opinion  of  Attorney-General,  Mn.v 
23,  1913.) 

A  commercial  ice  house  using  machinery,  etc.,  is  a  "  factory  :  "  Rabe  v.  Coasol. 
Ice  Co.,  151  U.  S.  C.  C.  A.  535  (1902).  Bakeries  and  confectioneries  are  "  factories  :" 
see  §  111,  post;  also  laundries,  §  92,  post. 

A  tugboat  is  not  a  "  business  establishment  "  within  the  meaning  of  the  defini- 
tion of  a  factory  :  Shannahan  v.  Empire  Engineering  Corporation,  204  Nl  Y.  543. 


LAWS  RELATING  TO   LABOR. 


ARTICLE   2. 
General  Provisions. 

Section     3.  Hours  to  constitute  a  day's  work. 

4.  Violations  of  the  labor  law. 

5.  Hours  of  labor  in  brickyards. 

6.  Hours  of  labor  on  street  surface  and  elevated  railroads. 

7.  Regulation   of  hours   of  labor  on   steam   surface  and  other   railroads. 

8.  Regulation  of  hours  of  labor  of  block  system  telegraph   and  telephone 

operators  and  signalmen  on  surface,  subway  and  elevated  railroads. 
8-a.  One  day  of  rest  in  seven. 

9.  Payment  of  wages  by  receivers. 

10.  Cash  payment  of  wages. 

11.  When  wages  are  to  be  paid. 

12.  Penalty   for  violation  of  preceding   section. 

13.  Assignment  of  future  wages. 

14.  Preference  in  employment  of  persons  upon  public  works. 

15.  Labels,  brands  and  marks  used  by  labor  organizations. 

16.  Illegal    use   of    labels,    brands    and    marks,    a    misdemeanor ;    injunction 

proceedings. 

17.  Seats  for  female  employees. 

18.  Scaffolding  for  use  of  employees. 

19.  Inspection  of  scaffolding,  ropes,  blocks,  pulleys  and  tackles  in  cities. 

20.  Protection  of  persons  employed  on  buildings  in  cities. 
20-a.  Accidents  to  be  reported. 

20-b.  Protection  of  employees. 
20-b.  Switchboards  to  be  protected. 

21.  Commissioner  of  labor  to  enforce  provisions  of  article. 

22.  Physical   examination  of  employees. 
22.  Duties  relative  to  apprentices. 

§  3.  Hours  to  constitute  a  day's  work.— Eight  hours  shall  constitute  a  legal 
day's  work  for  all  classes  of  employees  in  this  state  except  those  engaged 
in  farm  and  domestic  service  unless  otherwise  provided  by  law.  This  section 
does  not  prevent  an  agreement  for  over  work  at  an  increased  compensation 
except  upon  work  by  or  for  the  state  or  a  municipal  corporation,  or  by 
contractors  or  subcontractors  therewith.  Each  contract  to  which  the  state 
or  a  municipal  corporation  or  a  commission  appointed*  pursuant  to  law  is  a 
party  which  may  involve  the  employment  of  laborers,  workman  or  mechanics 
shall  contain  a  stipulation  that  no  laborer,  workman  or  mechanic  in  the 
employ  of  the  contractor,  subcontractor  or  other  person  doing  or  contracting 
to  do  the  whole  or  a  part  of  the  work  contemplated  by  the  contract  shall  be 
permitted  or  required  to  work  more  than  eight  hours  in  any  one  calendar 
day  except  in  cases  of  extraordinary  emergency  caused  by  fire,  flood  or  danger 
to  life  or  property.  The  wages  to  be  paid  for  a  legal  day's  work  as  here- 
inbefore defined  to  all  classes  of  such  laborers,  workmen  or  mechanics  upon 
all  such  public  works,  or  upon  any  material  to  be  used  upon  or  in  connec- 
tion therewith,  shall  not  be  less  than  the  prevailing  rate  for  a  day's  work 
in  the  same  trade  or  occupation  in  the  locality  within  the  state  where  such 
public  work  on,  about  or  in  connection  with  which  such  labor  is  performed 
in  its  final  or  completed  form  is  to  be  situated,  erected  or  used*  [ ;  nor  in 
any  case,  less  than  two  dollars  per  day  if  such  laborers,  workmen  or 

*  The  clause  in  brackets  was  inserted  by  L.  1913,  ch.  467,  approved  May  9, 
but  was  not  included  in  the  amendment  made  by  L.  1913,  ch.  494,  approved 
May  14.  An  opinion  of  the  Attorney-General  rendered  to  the  State  Engineer, 
dated  June  23,  holds  that  chapter  494  being  enacted  later,  and  not  containing 
the  change  made  by  chapter  467,  virtually  repeals  the  latter. 


10*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

mechanics  are  employed  upon,  about  or  in  connection  with  the  canals  of  the 
state,  or  in  the  construction,  enlargement  or  improvement  of  canals].  Each 
such  contract  hereafter  made  shall  contain  a  stipulation  that  each  such 
laborer,  workmen  or  mechanic,  employed  by  such  contractor,  subcontractor 
or  other  person  on,  about  or  upon  such  public  work,  shall  receive  such  wages 
herein  provided  for.  Each  contract  for  such  public  work  hereafter  made 
shall  contain  a  provision  that  the  same  shall  be  void  and  of  no  effect  unless 
the  person  or  corporation  making  or  performing  the  same  shall  comply 
with  the  provisions  of  this  section;  and  no  such  person  or  corporation  shall 
be  entitled  to  receive  any  sum  nor  shall  any  officer,  agent  or  employee  of 
the  state  or  of  a  municipal  corporation  pay  the  same  or  authorize  .its  pay- 
ment from  the  funds  under  his  charge  or  control  to  any  such  person  or  cor- 
poration for  work  done  upon  any  contract,  which  in  its  form  or  manner 
of  performance  violates  the  provisions  of  this  section,  but  nothing  in  this 
section  shall  be  construed  to  apply  to  stationary  firemen  in  state  hospitals 
nor  to  other  persons  regularly  employed  in  state  institutions,  except  me- 
chanics, nor  shall  it  apply  to  engineers,  electricians  and  elevator  men  in 
the  department  of  public  buildings  during  the  annual  session  of  the  legis- 
lature, nor  to  the  construction,  maintenance  and  repair  of  highways  outside 
the  limits  of  cities  and  villages.  [As  am'd  ly  L.  1909,  ch.  292;  L.  1913,  ch. 
467,  and  L.  1913,  ch.  494.] 

The  Legislature  is  expressly  empowered  to  regulate  conditions  of  employment  on 
public  work  by  the  State  Constitution,  Article  XII,  §  1  (given  under  PUBLIC 
WORKS  AND  CONTRACTS,  post). 

The  constitutionality  of  the  section  was  sustained  in  1904,  so  far  as  it  relates  to 
the  direct  employees  of  the  state  or  of  a  municipality  :  Ryan  v.  City  of  New  York, 
177  N.  Y.  271.  The  section  is  constitutional  under  both  State  and  Federal  con- 
stitutions: People  ex  rel.  Williams  Engineering  and  Contracting  Co.  v.  Metz,  193 
N.  Y.  148  (1908).  The  United  States  Supreme  Court  has  affirmed  the  constitution- 
ality of  a  similar  statute  of  Kansas  (Atkins  v.  Kansas,  191  U.  S.  207),  and  the 
eight-hour  law  of  the  United  States  (Ellis  v.  U.  S.,  27  Sup.  Ct.  Rep.  p.  600,  1907). 

The  section  applies  only  to  public  work  and  not  to  "  articles  of  common  mer- 
chandise," or  to  "  marketable  commodities,"  like  gas  and  electricity :  Downey  v. 
Bender,  57  App.  Div.  310  (1901)  ;  see  also  the  Attorney-General's  opinion  of 
June  26,  1906.  The  section  does  not  apply  to  the  manufacture  of  materials  pur- 
chased by  a  contractor  for  public  work :  Bohnen  v.  Metz,  126  App.  Div.  807, 
affirmed,  193  N.  Y.  676.  But  the  section  does  apply  to  the  manufacture  of  articles 
to  be  used  on  public  work  when  such  articles  are  manufactured  in  the  contractor's 
own  factory  (opinion  of  Attorney-General  as  to  manufacture  of  fire  escapes,  April 
23,  1909;  as  to  manufacture  of  wood  work,  February  14,  1913). 

An  armory  is  a  state  "  institution  "  and  therefore  exempt  from  the  provisions 
of  the  section:  Matter  of  Bums  v.  Fox,  98  App.  Div.  507  (Nov.  1904).  Firemen 
are  not  "  employees "  within  the  meaning  of  the  statute,  which  relates  only  to 
mechanics  or  laborers  working  for  hire:  Sweeney  v.  Sturgis,  78  App.  Div.  460, 
affirmed  (May,  1903)  175  N.  Y.  8.  The  wages  clause  does  not  apply  to  school 
janitors :  Farrell  v.  Board  of  Education,  113  App.  Div.  405.  The  clause  may 
apply  to  them,  however,  where  special  laws,  instead  of  the  general  education  law, 
govern  the  educational  system  (opinion  of  Attorney-General,  February  7,  1913). 

The  section  does  not  apply  to  printers  regularly  employed  in  a  state  hospital 
(opinion  of  Attorney-General,  March  8,  1912)  ;  nor  to  employees  in  nurseries  main- 
tained by  the  State  Conservation  Commission  (opinion  of  Attorney-General,  April 
18,  1912)  ;  nor  to  work  done  in  connection  with  the  construction  and  maintenance 
of  bridges  upon  highways  outside  the  limits  of  cities  and  villages  (opinion  of 
Attorney-General,  May  6,  1912).  The  section  applies,  however,  to  the  work  of 
repair  and  preparation  in  winter  by  contractors  engaged  on  barge  canal  work 


LAWS  RELATING  TO  LABOR.  *  11 

(opinion  of  Attorney-General,  February  1,  1911)  ;  and  to  work  done  under  the 
direction  of  a  grade  crossing  commission  appointed  by  the  state  (opinion  of 
Attorney-General,  March  25,  1913). 

Relative  to  the  meaning  of  the  terms  "  locality  "  and  "  prevailing  rate  of  wages  " 
in  a  particular  case,  see  opinion  of  Attorney-General,  February  27,  1912. 

"  Extraordinary  emergency  "  is  defined  in  United  States  v.  Sheridan  Kirk  Con- 
tract Co.,  U.  S.  Dist.  Court,  149  Fed.  Rep.  813;  Penn  Bridge  Co.  v.  United 
States,  Court  of  Appeals  of  D.  C.,  35  Wash.  Law  Reporter,  287.  As  to  what 
constitutes  overtime  in  case  of  emergency  work  on  part  of  employees  of  municipal 
department  of  water  supply,  see  Grady  v.  City  of  New  York,  182  N.  Y.  18  (May 
30,  1905).  The  commissioner  of  labor  is  not  empowered  to  issue  permits  for 
emergency  work  (opinion  of  Attorney-General,  June  8,  1911.) 

The  section  does  not  apply  to  work  done  out  of  the  state  for  a  New  York  con- 
tractor :  Ewcn  v.  Thompson-Starrett  Co.,  208  N.  Y.  245  (19A3). 

A  city  employee  may  waive  his  right  to  the  prevailing  rate  of  wages :  Ryan 
v.  City  of  New  York,  177  N.  Y.  271 ;  Byrnes  v.  City  of  New  York,  150  App.  Div  338. 

§  4.  Violations  of  the  labor  law. —  Any  officer,  agent  or  employee  of  this 
state  or  of  a  municipal  corporation  therein  having  a  duty  to  act  in  the 
premises  who  violates,  evades  or  knowingly  permits  the  violation  or  evasion 
of  any  of  the  provisions  of  this  chapter  shall  be  guilty  of  malfeasance  in 
office  and  shall  be  suspended  or  removed  by  the  authority  having  power  to 
appoint  or  remove  such  officer,  agent  or  employee;  otherwise  by  the  governor. 
Any  citizen  of  this  state  may  maintain  proceedings  for  the  suspension  or 
removal  of  such  officer,  agent  or  employee  or  may  maintain  an  action  for 
the  purpose  of  securing  the  cancellation  or  avoidance  of  any  contract  which 
by  its  terms  or  manner  of  performance  violates  this  chapter  or  for  the  pur- 
pose of  preventing  any  officer,  agent  or  employee  of  such  municipal  corpora- 
tion from  paying  or  authorizing  the  payment  of  any  public  money  for  work 
done  thereupon. 

See  notes  to  §  3 ;  also  §  21,  post;  and  Penal  Law,  §  1271,  subd.  1,  under 
PENALTIES  FOR  VIOLATION  OP  THE  LABOR  LAW,  post. 

§  5.  Hours  of  labor  in  brickyards. —  Ten  hours,  exclusive  of  the  necessary 
time  for  meals,  shall  constitute  a  legal  day's  work  in  the  making  of  brick  in 
brickyards  owned  or  operated  by  corporations.  No  corporation  owning  or 
operating  such  brickyard  shall  require  employees  to  work  more  than  ten 
hours  in  any  one  day,  or  to  commence  work  before  seven  o'clock  in  the 
morning.  But  overwork  and  work  prior  to  seven  o'clock  in  'the  morning  for 
extra  compensation  may  be  performed  by  agreement  between  employer  and 
employee. 

Violation  a  misdemeanor  :  Penal  Law,  §  1271,  subd.  3. 

§  6.  Hours  of  labor  on  street  surface  and  elevated  railroads. —  Ten  consecu- 
tive hours'  labor,  including  one-half  hour  for  dinner,  shall  constitute  a  day's 
labor  in  the  operation  of  all  street  surface  and  elevated  railroads,  of  what- 
ever motive  power,  owned  or  operated  by  corporations  in  this  state,  whose 
main  line  of  travel  or  whose  routes  lie  principally  within  the  corporate  limits 
of  cities  of  the  first  and  second  class.  No  employee  of  any  such  corporation 
shall  be  permitted  or  allowed  to  work  more  than  ten  consecutive  hours,  in- 
cluding one-half  hour  for  dinner,  in  any  one  day  of  twenty-four  hours. 

In  cases  of  accident  or  unavoidable  delay,  extra  labor  may  be  performed 
for  extra  compensation. 

Violation  a  misdemeanor :  Penal  Law,  §  1271,  subd.  2.  Under  former  law, 
violation  was  not  a  crime  :  People  v.  Phyfe,  10  Crim.  246. 

§  7.  Regulation  of  hours  of  labor  on  steam  surface  and  other  railroads. 
—  Ten  hours'  labor,  performed  within  twelve  consecutive  hours,  shall  con- 


12*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

stitute  a  legal  day's  labor  in  the  operation  of  steam  surface,  electric,  subway 
and  elevated  railroads  operated  within  this  state,  except  where  the  mileage 
system  of  running  trains  is  in  operation.  No  person  or  corporation  operating 
any  such  railroad  of  thirty  miles  in  length,  or  over,  in  whole  or  in  part 
within  this  state,  shall  permit  or  require  any  conductor,  engineer,  fireman, 
trainman,  motorman  or  assistant  motorman,  engaged  in  or  connected  with 
the  movement  of  any  train  on  any  such  railroad,  to  be  or  remain  on  duty  for 
a  longer  period  than  sixteen  consecutive  hours,  and  whenever  any  such  con- 
ductor, engineer,  fireman,  trainman,  motorman  or  assistant  motorman  shall 
have  been  continuously  on  duty  for  sixteen  hours  he  shall  be  relieved  and 
not  required  or  permitted  again  to  go  on  duty  until  he  has  had  at  least  ten 
consecutive  hours  off  duty,  and  no  such  conductor,  engineer,  fireman,  train- 
man, motorman  or  assistant  motorman  who  has  been  on  duty  sixteen  hours 
in  the  aggregate  in  any  twenty-four  hour  period  shall  be  required  or  per- 
mitted to  continue  or  again  go  on  duty  without  having  had  at  least  eight 
consecutive  hours  off  duty,  except  when  by  casualty  occurring  after  he  has 
started  on  his  trip,  and  except  when  by  accident  or  unexpected  delay  of 
trains  scheduled  to  make  connection  with  the  train  on  which  he  is  serving, 
he  is  prevented  from  reaching  his  terminal.  The  commissioner  of  labor 
shall  appoint  a  sufficient  number  of  inspectors  to  enforce  the  provisions  of 
this  section.  [As  am'd  by  L.  19-13,  ch.  462.] 

Violation  a  misdemeanor  (Penal  Law,  §  1271,  subd.  4)  ;  also  evidence  of  negli- 
gence in  action  for  personal  injuries  sustained  by  employee,  Pelin  v.  N.  Y.  C.  & 
H.  R.  R.  R.  Co.,  102  App.  Div.  71  (1905). 

§  8.  Regulation  of  hours  of  labor  of  block  system  telegraph  and  telephone 
operators  and  signalmen  on  surface,  subway  and  elevated  railroads. —  The 
provisions  of  section  seven  of  this  chapter  shall  not  be  applicable  to  em- 
ployees mentioned  herein.  It  shall  be  unlawful  for  any  corporation  or  re- 
ceiver, operating  a  line  of  railroad,  either  surface,  subway  or  elevated,  in 
whole  or  in  part  in  the  state  of  New  York,  or  any  officer,  agent  or  repre- 
sentative of  such  corporation  or  receiver  to  require  or  permit  any  telegraph 
or  telephone  operator  who  spaces  trains  by  the  use  of  the  telegraph  or  tele- 
phone under  what  is  known  and  termed  the  "block  system"  (denned  as 
follows)  :  Reporting  trains  to  another  office  or  offices  or  to  a  train  dis- 
patcher operating  one  or  more  trains  under  signals,  and  telegraph  or  tele- 
phone levermen  who  manipulate  interlocking  machines  in  railroad  yards  or 
on  main  tracks  out  on  the  lines  or  train  dispatchers  in  its  service  whose 
duties  substantially,  as  hereinbefore  set  forth,  pertain  to  the  movement 
of  cars,  engines  or  trains  on  its  railroad  by  the  use  of  the  telegraph  or  tele- 
phone in  dispatching  or  reporting  trains  or  receiving  or  transmitting  train 
orders  as  interpreted  in  this  section,  to  be  on  duty  for  more  than  eight 
hours  in  a  day  of  twenty-four  hours,  and  it  is  hereby  declared  that  eight 
hours  shall  constitute  a  day  of  employment  for  all  laborers  or  employees 
engaged  in  the  kind  of  labor  aforesaid;  except  in  cases  of  extraordinary 
emergency  caused  by  accident,  fire,  flood  or  danger  to  life  or  property,  and 
for  each  hour  of  labor  so  performed  in  any  one  day  in  excess  of  such  eight 
hours,  by  any  such  employee,  he  shall  be  paid  in  addition  at  least  one-eighth 
of  his  daily  compensation.  Any  person  who  i-s  employed  as  signalman, 
tower  man,  gateman,  telegraph  or  telephone  operator  in  a  railroad  signal 
tower  or  public  railroad  station  to  receive  or  transmit  a  telegraphic  or  tele- 


LAWS   RELATING  TO   LABOK.  *  13 

phonic  message  or  train  order  for  the  movement  of  trains  and  who  works 
eight  hours  or  more  in  any  twenty-four  each  and  every  day  continuously, 
and  all  gatemen  so  employed  must  have  at  least  two  days  of  twenty-four 
hours  each  in  every  calendar  month  for  rest  with  the  regular  compensation; 
subject  to  the  foregoing  provisions  relating  to  extra  service  in  cases  of 
emergency.  Any  person  or  persons,  company  or  corporation,  who  shall  vio- 
late any  of  the  provisions  of  this  section,  shall,  on  conviction,  be  fined  in 
the  sum  of  not  less  than  one  hundred  dollars,  and  such  fine  shall  be  recovered 
by  an  action  in  the  name  of  the  state  of  New  York,  for  the  use  of  the  state, 
which  shall  sue  for  it  against  such  person,  corporation  or  association  vio- 
lating this  section,  said  suit  to  be  instituted  in  any  court  in  this  state 
having  appropriate  jurisdiction.  Such  fine,  when  recovered  as  aforesaid, 
shall  be  paid  without  any  deduction  whatever,  one-half  thereof  to  the  in- 
former, and  the  balance  thereof  to  be  paid  into  the  free  school  fund  of  the 
state  of  New  York.  The  provisions  of  this  section  shall  not  apply  to  any 
part  of  a  railroad  where  not  more  than  eight  regular  passenger  trains  in 
twenty-four  hours  pass  each  way;  provided,  moreover,  that  where  twenty- 
freight  trains  pass  each  way  generally  in  each  twenty-four  hours  then  the 
provisions  of  this  section  shall  apply,  notwithstanding  that  there  may  pass 
a  less  number  of  passenger  trains  than  hereinbefore  set  forth,  namely  eight. 
[As  am'd  by  L.  1913,  ch.  466.] 

The  section  is  constitutional  as  a  proper  exercise  of  the  police  power  and  does 
not  conflict  with  the  U.  S.  law  on  the  same  subject :  New  York  v.  Erie  R.  R.  Co., 
IDS  N.  Y.  369. 

Violation  of  the  section  subjects  the  offender  to  a  civil  action  for  recovery  of 
the  penalty  and  also  to  criminal  prosecution  under  §  1273,  Penal  Law. 

The  eight-hour  clause  does  not  apply  to  conductors  and  engineers  temporarily 
acting  as  telephone  operators  in  the  movement  of  trains  (opinion  of  Attorney- 
General,  March  26,  1912)  ;  nor  does  it  apply  to  towermen  who  control  the  movement 
of  trains  by  means  of  levers  (opinion  of  Attorney-General,  August  14,  1913). 

§  8-a.  One  day  of  rest  in  seven. —  (1)  Every  employer  of  labor  engaged  in 
carrying  on  any  factory  or  mercantile  establishment  in  this  state  shall  allow 
every  person,  except  those  specified  in  subdivision  two,  employed  in  such 
factory  or  mercantile  establishment  at  least  twenty-four  consecutive  hours 
of  rest  in  every  seven  consecutive  days.  No  employer  shall  operate  any  such 
factory  or  mercantile  establishment  on  Sunday  unless  he  shall  have  com- 
plied with  subdivision  three.  Provided,  however,  that  this  section  shall  not 
authorize  any  work  on  Sunday  not  now  or  hereafter  authorized  by  law. 

2.  This  section  shall  not  apply  to 

(a)  Janitors; 

(b)  Watchmen; 

(c)  Employees  whose  duties  include  not  more  than  three  hours'  work 

on  Sunday  in  (1)  Setting  sponges  in  bakeries;  (2)  Caring  for 
live  animals;  (3)  Maintaining  fires;  (4)  Necessary  repairs  to 
boilers  or  machinery. 

(d)  Superintendents  or  foremen  in  charge. 

3.  Before  operating  on  Sunday,  every  employer  shall  post  in  a  conspicuous 
place  on  the  premises  a  schedule  containing  a  list  of  his  employees  who  are 
required  or  allowed  to  work  on  Sunday  and  designating  the  day  of  rest  for 
each,  and  shall  file  a  copy  of  such  schedule  with  the  commissioner  of  labor. 
The  employer  shall  promptly  file  with  the  said  commissioner  a  copy  of  every 


14*  REPORT  OF  THE  COMMISSIONER  OF  LABOB,  1913. 

change  in  such  schedule.     Xo  employee  shall  be  required  or  allowed  to  work 
on  the  day  of  rest  so  designated  for  him. 

4.  Every    employer    shall   keep    a    time-book    showing   the   names   and    ad- 
dresses of  all  employees  and  the  hours  worked  by  each  of  them  in  each  day, 
and  such  time-book  shall  be  open  to  inspection  by  the  commissioner  of  labor. 

5.  The  industrial  board   at  any  time  when  the  preservation   of   property, 
life  or  health  requires,  may  except  specific  cases  for  specified  periods  from 
the   provisions   of    this    act  by   written   orders   which    shall   be   recorded    as 
public  records.     [Added  by  L.  1913,  cJi.  740.] 

See  section  2  and  notes  thereon  as  to  the  meaning  of  the  terms  "  employer," 
*'  factory  "  and  "  mercantile  establishment." 

In  -an  opinion  of  the  Attorney-General  of  September  29,  1913,  and  a  memo- 
randum of  October  6,  the  following  rulings  ou  this  section  are  given  :  it  applies 
to  gas  and  electric  plants  whether  owned  privately  or  municipally,  but  does  not 
apply  to  water  pumping  stations :  it  applies  to  drug  stores  as  it  virtually  repeals 
section  236  of  the  Public  Health  Law  which  provided  for  one  day  of  rest  in  two 
weeks ;  it  does  not  apply  to  telegraph  and  telephone  companies  (except  employees 
working  in  shops),  to  railroads  or  street  railways  (except  employees  working  in 
shops),  to  restaurants,  lunch  rooms  or  hotel  dining-rooms,  to  cold  storage  plants, 
to  farm  work,  or  to  chauffeurs. 

§  9.  Payment  of  wages  by  receivers. —  Upon  the  appointment  of  a  receiver 
of  a  partnership  or  of  a  corporation  organized  under  the  laws  of  this  state 
and  doing  business  therein,  other  than  a  moneyed  corporation,  the  wages  of 
the  employees  of  such  partnership  or  corporation  shall  be  preferred  to  every 
other  debt  or  claim. 

See  also  Debtor  and  Creditor  Law,  ch.  12  of  the  Consolidated  Laws,  §§  27,  28, 
and  Lien  Law,  §  13. 

Term  "employees"  includes  operatives  and  laborers  (Palmer  v.  Van  Santvoord, 
153  N.  Y.  612),  traveling  salesmen  (Matter  of  Fitzgerald,  21  Misc.  226),  book- 
keepers employed  at  salary  of  $100  a  month  (People  v.  Beveridge  Brewing  Co.,  91 
Hun  313,  and  Matter  of  Luxton  &  Black  Co.,  35  App.  Div.  243),  etc. 

Term  "  wages  "  does  not  cover  amounts  credited  to  employees  under  a  system  of 
profit  sharing  (Dolge  v.  Dolge,  70  App.  Div.  517). 

§  10.  Cash  payment  of  wages. —  Every  manufacturing,  mining,  quarrying, 
mercantile,  railroad,  street  railway,  canal,  steamboat,  telegraph  and  tele- 
phone company,  every  express  company,  every  corporation  engaged  in  har- 
vesting and  storing  ice,  and  every  water  company,  not  municipal,  and  every 
person,  firm  or  corporation,  engaged  in  or  upon  any  public  work  for  the 
state  or  municipal  corporation  thereof,  either  as  a  contractor  or  a  sub- 
contractor therewith,  shall  pay  to  each  employee  engaged  in  his,  their  or 
its  business  the  wages  earned  by  such  employee  in  cash.  No  such  company, 
person,  firm  or  corporation  shall  hereafter  pay  such  employees  in  scrip, 
commonly  known  as  store  money-orders.  No  person,  firm  or  corporation  en- 
gaged in  carrying  on  public  work  under  contract  with  the  state  or  with  any 
municipal  corporation  of  the  state,  either  as  a  contractor  or  subcontractor 
therewith,  shall,  directly  or  indirectly,  conduct  or  carry  on  what  is  commonly 
known  as  a  company  store,  if  there  shall,  at  the  time,  be  any  store  selling 
supplies  within  two  miles  of  the  place  where  such  contract  is  being  executed. 
Any  person,  firm  or  corporation  violating  the  provisions  of  this  section  shall 
be  guilty  of  a  misdemeanor. 

Penalty :  See  §  12,  post,  and  Penal  Law,  §  1272,  post. 

On  subject  of  constitutionality,  see  Knoxville  Iron  Co.  v.  Harbison,  183  U.  S.  13, 
in  which  the  United  States  Supreme  Court  sustained  the  Tennessee  anti-truck  law. 

Payment  by  check  is  not  a  compliance  with,  the  section.  (Opinion  of  Attorney- 
General  in  his  report  for  1899,,  p.  335  K 


LAWS  RELATING  TO  LABOK.  *  15 

§  11.  When  wages  are  to  be  paid. —  Every  corporation  or  joint-stock  asso- 
ciation, or  person  carrying  on  the  business  thereof  by  lease  or  otherwise,  shall 
pay  weekly  to  each  employee  the  wages  earned  by  him  to  a  day  not  more 
than  six  days  prior  to  the  date  of  such  payment. 

But  every  person  or  corporation  operating  a  steam  surface  railroad  shall, 
on  or  before  the  first  day  of  each  month,  pay  the  employees  thereof  the  wages 
earned  by  them  during  the  first  half  of  the  preceding  month  ending  with 
the  fifteenth  day  thereof,  and  on  or  before  the  fifteenth  day  of  each  month 
pay  the  employees  thereof  the  wages  earned  by  them  during  the  last  half 
of  the  preceding  calendar  month. 

Penalty :     See  §  12,  post,  and  Penal  Law,  §  1272. 

The  semi-monthly  pay  law  in  the  second  paragraph  of  this  section  is  constitutional 
as  within  the  reserved  power  of  the  state  to  amend  corporate  charters:  N.  Y.  C. 
R.  R.  Co.  v.  Williams,  199  N.  Y.  108. 

Any  corporation  operating  a  steam  surface  railroad  and  also  engaged  in  mining 
or  any  other  business  than  the  operation  of  such  surface  railroad  must  pay  its 
employees  not  engaged  in  operating  such  road  in  accordance  with  the  general  pro- 
visions of  this  section.  (Opinion  of  Attorney-General,  June  4,  1906.)  Does  not 
apply  to  a  municipal  corporation.  (People  ex  rel.  Van  Valkenburg  v.  Myers,  33 
N.  Y.  St.  Rep.  IS;  People  v.  City  of  Buffalo,  57  Hun  577.) 

The  section  applies  to  foreign  corporations  doing  business  in  this  state.  Clerks, 
stenographers,  salesmen  and  draftsmen  are  "  employees "  receiving  "  wages " 
(opinion  of  Attorney-General,  December  12,  1912)  ;  applies  to  a  corporation  which 
has  entered  into  a  partnership  with  individuals  (opinion  of  Attorney-General, 
April  16,  1913). 

A  contract  that  employees  shall  forfeit  one  week's  wages  in  case  they  leave  em- 
ployer without  stipulated  notice  is  illegal  (opinion  of  Attorney-General,  March  8, 
1913). 

§  12.  Penalty  for  violation  of  preceding  section. —  If  a  corporation  or  joint- 
stock  association,  its  lessee  or  other  person  carrying  on  the  business  thereof, 
shall  fail  to  pay  the  wages  of  all  its  employees  as  provided  in  this  article, 
it  shall  forfeit  to  the  people  of  the  state  the  sum  of  fifty  dollars  for  each 
such  failure,  to  be  recovered  by  the  commissioner  of  labor  in  his  name  of 
office  in  a  civil  action.  [As  am'd  by  L.  1909,  ch.  206.] 

Violation  also  a  misdemeanor  :     Penal  Law,  §  1272. 

§  13.  Assignment  of  future  wages. — No  assignment  of  future  wages,  payable 
weekly,  or  monthly  in  case  of  a  steam  surface  railroad  corporation,  shall  be 
valid  if  made  to  the  corporation  or  association  from  which  such  wages  are 
to  become  due,  or  to  any  person  on  its  behalf,  or  if  made  or  procured  to 
be  made  to  any  person  for  the  purpose  of  relieving  such  corporation  or  asso- 
ciation from  the  obligation  to  pay  weekly,  or  monthly  in  case  of  a  steam 
surface  railroad  corporation.  Charges  for  groceries,  provisions  or  clothing 
shall  not  be  a  valid  off-set  for  wages  in  behalf  of  any  such  corporation  or 
association.  No  such  corporation  or  association  shall  require  any  agreement 
from  any  employee  to  accept  wages  at  other  periods  than  as  provided  in  this 
article  as  a  condition  of  employment. 

See  Personal  Property  Law,  §  42,  under  "Assignment  of  wages  "  under  POLITICAL 
AND  LEGAL  RIGHTS,  ETC.,  post. 

A  contract  that  part  of  the  wages  shall  be  withheld  weekly  until  the  end  of  the 
month  is  illegal  (opinion  of  Attorney-General,  September  18,  1913). 

§  14.  Preference  in  employment  of  persons  upon  public  works. —  In  the 
construction  of  public  works  by  the  state  or  a  municipality,  or  by  persons 
contracting  with  the  state  or  such  municipality,  only  citizens  of  the  United 


16*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

States  aha.ll  be  employed;  and  in  all  cases  where  laborers  are  employed  on 
any  sueh  public  works,  preference  shall  be  given  citizens  of  the  state  of 
New  York.  In  each  contract  for  the  construction  of  public  works  a  pro- 
vision shall  be  inserted,  to  the  effect  that,  if  the  provisions  of  this  section 
are  not  complied  with,  the  contract  shall  be  void.  All  boards,  officers,  agents 
or  employees  of  cities  of  the  first  class  of  the  state,  having  the  power  to 
enter  into  contracts  which  provide  for  the  expenditure  of  public  money  on 
public  works,  shall  file  in  the  office  of  the  commissioner  of  labor  the  names 
and  addresses  of  all  contractors  holding  contracts  with  said  cities  of  the 
state.  Upon  the  letting  of  new  contracts  the  names  and  addresses  of  such 
new  contractors  shall  likewise  be  filed.  Upon  the  demand  of  the  commis- 
sioner of  labor  a  contractor  shall  furnish  a  list  of  the  names  and  addresses 
of  all  subcontractors  in  his  employ.  Each  contractor  performing  work  for  any 
city  of  the  first  class  shall  keep  a  list  of  his  employees,  in  which  it  shall  be 
set  forth  whether  they  are  naturalized  or  native  born  citizens  of  the  United 
States,  together  with,  in  case  of  naturalization,  the  date  of  naturalization  and 
the  name  of  the  court  where  such  naturalization  was  granted.  Such  lists 
and  records  shall  be  open  to  the  inspection  of  the  commissioner  of  labor.  A 
violation  of  this  section  shall  constitute  a  misdemeanor  and  shall  be  punish- 
able by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  for  not  less  than  thirty  nor  more  than  ninety 
days,  or  by  both  such  fine  and  imprisonment. 

The  statute  of  1894  making  it  a  crime  for  a  contractor  with  a  municipal  corpora- 
tion for  the  construction  of  public  works,  to  employ  alien  laborers  thereon,  was  held 
in  1895  to  be  an  unconstitutional  invasion  of  personal  rights  and  also  a  violation, 
of  a  treaty  of  the  United  States  with  Italy :  People  v.  Warren,  13  Misc.  615. 

The  present  law  was  held  unconstitutional  in  the  County  Court  of  Orleans  Co. 
in  People  v.  Ludington's  Sons  (74  Misc.  373).  See  also  opinion  of  Attorney- 
General  in  Report  of  the  Commissioner  of  Labor,  1911,  p.  368. 

As  to  the  preference  clause,  see  City  of  Chicago  v.  Hurlbut,  68  N.  E.  786 
(1903)  ;  but  Massachusetts  enacted  a  law  giving  preference  to  resident  labor  in 
1904  (ch.  311). 

§  15.  Labels,  brands  and  marks  used  by  labor  organizations. —  A  union  or 
association  of  employees  may  adopt  a  device  in  the  form  of  a  label,  brand, 
mark,  name  or  other  character  for  the  purpose  of  designating  the  products 
of  the  labor  of  the  members  thereof.  Duplicate  copies  of  such  device  shall 
be  filed  in  the  office  of  the  secretary  of  state,  who  shall,  under  his  hand  and 
seal,  deliver  to  the  union  or  association  filing  or  registering  the  same  a 
certified  copy  and  a  certificate  of  the  filing  thereof,  for  which  he  shall  be 
entitled  to  a  fee  of  one  dollar.  Such  certificate  shall  not  be  assignable  by  the 
union  or  association  to  whom  it  is  issued. 

This  act  is  constitutional  and  the  infringement  of  a  registered  label  will  be  re- 
strained by  injunction:  Perkins  v.  Heert,  158  N.  Y.  306. 

§  16.  Illegal  use  of  labels,  brands  and  marks  a  misdemeanor;  injunction 
proceedings. —  A  person  who  ( 1 )  shall  in  any  way  use  or  display  the  label, 
brand,  mark,  name  or  other  character,  adopted  by  any  such  union  or  association 
as  provided  in  the  preceding  section,  without  the  consent  or  authority  of  such 
union  or  association;  or  (2)  shall  counterfeit  or  imitate  any  such  label, 
brand,  mark,  name  or  other  character,  or  knowingly  sells  or  disposes  of,  or  keeps 
or  has  in  his  possession  with  intent  to  sell  or  dispose  of,  any  goods,  wares, 
merchandise  or  other  products  of  labor,  upon  which  any  such  counterfeit  or 


LAWS  RELATING  TO  LABOR.  *  17 

imitation  is  attached,  affixed,  printed,  stamped  or  impressed,  or  knowingly 
sells  or  disposes  of,  or  keeps  or  has  in  his  possession  with  intent  to  sell  or 
dispose  of  any  goods,  wares,  merchandise  or  other  products  of  labor  con- 
tained in  any  box,  case,  can  or  package,  to  which  or  on  which  any  such 
counterfeit  or  imitation  is  attached,  affixed,  printed,  painted,  stamped  or 
impressed,  is  guilty  of  a  misdemeanor,  an'd  shall  be  punished  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  by 
imprisonment  for  not  less  than  three  months  nor  more  than  one  year,  or 
by  both  such  fine  and  imprisonment.  After  filing  copies  of  such  device,  such 
union  or  association  may  also  maintain  an  action  to  enjoin  the  manufacture, 
use,  display  or  sale  of  counterfeit  or  colorable  imitations  of  such  device,  or 
of  goods  bearing  the  same,  or  the  unauthorized  use  or  display  of  such  device, 
or  of  goods  bearing  the  same,  and  the  court  may  restrain  such  wrongful 
manufacture,  use,  display  or  sale,  and  every  unauthorized  use  or  display  by 
others  of  the  genuine  devices  so  registered  and  filed,  if  such  use  or  display 
is  not  authorized  by  the  owner  thereof,  and  may  award  to  the  plaintiff  such 
damages  resulting  from  such  wrongful  manufacture,  use,  display  or  sale  as 
may  be  proved,  together  with  the  profits  derived  therefrom. 

Knowledge  or  intent  is  not  an  ingredient  of  an  offense  of  counterfeiting  a  regis- 
tered label :  Bulena  v.  Newman,  10  Misc.  460.  A  colorable  imitation  of  a  union 
label,  even  though  it  have  distinguishing  words  or  names,  contravenes  this  section  : 
Myrup  v.  Friedman,  58  Misc.  323. 

§  17.  Seats  for  female  employees. —  Every  person  employing  females  in  a 
factory  or  as  waitresses  in  a  hotel  or  restaurant  shall  provide  and  maintain 
suitable  seats,  with  proper  backs  where  practicable,  for  the  use  of  such 
female  employees,  and  permit  the  use  thereof  by  such  employees  to  such  an 
extent  as  may  be  reasonable  for  the  preservation  of  their  health.  Where  fe- 
males are  engaged  in  work  which  can  be  properly  performed  in  a  sitting  pos- 
ture, suitable  seats,  with  backs  where  practicable,  shall  be  supplied  in  every 
factory  for  the  use  of  all  such  female  employees  and  permitted  to  be  used  at 
such  work.  The  industrial  board  may  determine  when  seats,  with  or  without 
backs,  are  necessary  and  the  number  thereof.  [As  am'd  by  L.  1913,  ch.  197.] 

Cf.   §   170,  post. 

§  18.  Scaffolding  for  use  of  employees. — -A  person  employing  or  directing 
another  to  perform  labor  of  any  kind  in  the  erection,  repairing,  altering  or 
painting  of  a  house,  building  or  structure  shall  not  furnish  or  erect,  or  cause 
to  be  furnished  or  erected  for  the  performance  of  such  labor,  scaffolding, 
hoists,  stays,  ladders  or  other  mechanical  contrivances  which  are  unsafe, 
unsuitable  or  improper,  and  which  are  not  so  constructed,  placed  and  oper- 
ated as  to  give  proper  protection  to  the  life  and  limb  of  a  person  so  em- 
ployed or  engaged. 

Scaffolding  or  staging  swung  or  suspended  from  an  overhead  support,  or 
erected  with  stationary  supports,  more  than  twenty  feet  from  the  ground 
or  floor,  except  scaffolding  wholly  within  the  interior  of  a  building  and 
which  covers  the  entire  floor  space  of  any  room  therein,  shall  have  a  safety 
rail  of  suitable  material,  properly  bolted,  secured  and  braced,  rising  at  least 
thirty-four  inches  above  the  floor  or  main  portions  of  such  scaffolding  or 
staging  'and  extending  along  the  entire  length  of  the  outside  and  the  ends 


18  *  KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

thereof,  with  such  openings  as  may  be  necessary  for  the  delivery  of  ma- 
terials, and  properly  attached  thereto,  and  such  scaffolding  or  staging  shall 
be  so  fastened  as  to  prevent  the  same  from  swaying  from  the  building  or 
structure.  [As  am'd  by  L.  1911,  ch.  693.] 

Violation  is  a  misdemeanor  (Penal  Law,  §  1276,  post),  and  renders  master  liable 
in  case  of  injury  to  employees  (§  202,  post). 

The  question  of  what  constitutes  a  structure  or  a  scaffold  under  this  section  is 
one  to  be  decided  according  to  the  circumstances  of  each  case  and  has  led  to 
numerous  decisions.  As  to  the  general  principles  upon  which  these  questions 
must  be  determined  see  Caddy  v.  Interborough  Rapid  Transit  Co.,  195  N.  Y.  415 
(1909). 

As  to  relative  liability  of  contractor  and  sub-contractor  see  Quigley  v.  Thatcher, 
207  N.  Y.  66. 

§  19.  Inspection  of  scaffolding,  ropes,  blocks,  pulleys  and  tackles  in  cities.— 
Whenever  complaint  is  made  to  the  commissioner  of  labor  that  the  scaffolding 
or  the  slings,  hangers,  blocks,  pulleys,  stays,  braces,  ladders,  irons,  or  ropes 
of  any  swinging  or  stationary  scaffolding  used  in  the  construction,  alteration, 
repairing,  painting,  cleaning  or  pointing  of  buildings  within  the  limits  of  a 
city  are  unsafe  or  liable  to  prove  dangerous  to  the  life  or  limb  of  any  person, 
such  commissioner  of  labor  shall  immediately  cause  an  inspection  to  be 
made  of  such  scaffolding,  or  the  slings,  hangers,  blocks,  pulleys,  stays,  braces, 
ladders,  irons  or  other  parts  connected  therewith.  If,  after  examination, 
such  scaffolding  or  any  of  such  parts  is  found  to  be  dangerous  to  life  or 
limb,  the  commissioner  of  labor  shall  prohibit  the  use  thereof,  and  require 
the  same  to  be  altered  and  reconstructed  so  as  to  avoid  such  danger.  The 
commissioner  of  labor  or  deputy  factory  inspector  making  the  examination 
shall  attach  a  certificate  to  the  scaffolding,  or  the  slings,  hangers,  irons, 
ropes,  or  other  parts  thereof,  examined  by  him,  stating  that  he  has  made  such 
examination,  and  that  he  has  found  it  safe  or  unsafe,  as  the  case  may  be. 
If  he  declares  it  unsafe,  he  shall  at  once,  in  writing,  notify  the  person 
responsible  for  its  erection  of  the  fact,  and  warn  him  against  the  use  thereof. 
Such  notice  may  be  served  personally  upon  the  person  responsible  for  its 
erection,  or  by  conspicuously  affixing  it  to  the  scaffolding,  or  the  part  thereof 
declared  to  be  unsafe.  After  such  notice  has  been  so  served  or  affixed,  the 
person  responsible  therefor  shall  immediately  remove  such  scaffolding  or  part 
thereof  and  alter  or  strengthen  it  in  such  manner  as  to  render  it  safe,  in  the 
discretion  of  the  officer  who  has  examined  it,  or  his  superiors.  The  com- 
missioner of  labor  and  any  of  his  deputies  whose  duty  it  is  to  examine  or 
test  any  scaffolding  or  part  thereof,  as  required  by  this  section,  shall  have 
free  access,  at  all  reasonable  hours,  to  any  building  or  premises  containing 
them  or  where  they  may  be  in  use.  All  swinging  and  stationary  scaffolding 
shall  be  so  constructed  as  to  bear  four  times  the  maximum  weight  required 
to  be  dependent  therefrom  or  placed  thereon,  when  in  use,  and  not  more  than 
four  men  shall  be  allowed  on  any  swinging  scaffolding  at  one  time. 

Violation  is  a  misdemeanor  (Penal  Law,  §  1276,  post)  and  renders  master  liable 
in  case  of  injury  to  employees  (§  202,  post). 

§  20.  Protection  of  persons  employed  on  buildings  in  cities. —  All  con- 
tractors and  owners,  when  constructing  buildings  in  cities,  where  the  plans 
and  specifications  require  the  floors  to  be  arched  between  the  beams  thereof, 
or  where  the  floors  or  filling  in  between  the  floors  are  of  fire-proof  material  or 


LAWS  RELATING  TO  LABOR.  *  19 

brickwork,  shall  complete  the  flooring  or  filling  in  as  the  building  progresses. 
If  the  plans  and  specifications  of  such  buildings  do  not  require  filling  in 
between  the  beams  of  floors  with  brick  or  fire-proof  material  all  contractors 
for  work,  in  the  course  of  construction,  shall  lay  the  underflooring  thereof 
on  each  story  as  the  building  progresses.  Where  double  floors  are  not  to  be 
used,  such  contractor  shall  keep  planked  over  the  floors  two  stories  below 
the  story  where  the  work  is  being  performed.  If  the  floor  beams  are  of  iron 
or  steel,  the  contractors  for  the  iron  or  steel  work  of  buildings  in  course  of 
construction  or  the  owners  of  such  buildings  shall  thoroughly  plank  over 
the  entire  tier  of  iron  or  steel  beams  and  extending  not  less  than  six  feet 
beyond  such  beams  on  which  the  structural  iron  or  steel  work  is  being  erected, 
except  such  spaces  as  may  be  reasonably  required  for  the  proper  construc- 
tion of  such  iron  or  steel  work,  and  for  the  raising  or  lowering  of  materials 
to  be  used  in  the  construction  of  such  building,  or  such  spaces  as  may  be 
designated  by  the  plans  and  specifications  for  stairways  and  elevator  shafts. 
If  elevators,  elevating  machines  or  hod-hoisting  apparatus  are  used  within  a 
building  in  the  course  of  construction,  for  the  purpose  of  lifting  materials 
to  be  used  in  such  construction,  the  contractors  or  owners  shall  cause  the 
shafts  or  openings  in  each  floor  to  be  inclosed  or  fenced  in  on  all  sides  by  a 
barrier  at  least  eight  feet  in  height,  except  on  two  sides  which  may  be  used 
for  taking  off  and  putting  on  materials,  and  those  sides  shall  be  guarded 
by  an  adjustable  barrier  not  less  than  three  nor  more  than  four  feet  from 
the  floor  and  not  less  than  two  feet  from  the  edge  of  such  shaft  or  opening. 
If  a  building  in  course  of  construction  is  five  stories  or  more  in  height,  no 
lumber  or  timber  needed  for  such  construction  shall  be  hoisted  or  lifted  on 
the  outside  of  such  building.  The  chief  officer,  in  any  city,  ^charged  with 
the  enforcement  of  the  building  laws  of  such  city  and  the  commissioner  of 
labor  are  hereby  charged  with  enforcing  the  provisions  of  this  section  and 
sections  eighteen  and  nineteen,  and  said  chief  officer  in  <any  city  charged 
with  the  enforcement  of  the  building  laws  of  such  city  shall  have  the  same 
powers  for  the  enforcement  of  these  sections  as  are  vested  in  the  commis- 
sioner of  labor.  [As  am'd  by  L.  1911,  ch.  693  and  L.  1913,  ch.  492.] 

Violation  is  a  misdemeanor  (Penal  Law,  §  1277,  post)  and  renders  master  liable 
in  case  of  injury  to  employees  (§  202,  post). 

As  to  relative  liability  of  owner  and  contractor,  see  e.  y.  Rooney  v.  Brogan 
Construction  Co.,  194  N.  Y.  32  (1909). 

§  20-a.  Accidents  to  be  reported. —  The  person  in  charge  of  any  building, 
construction,  excavating  or  engineering  work  of  any  description,  including 
the  work  of  repair,  alteration,  painting  or  renovating,  shall  keep  a  cor- 
rect record  of  all  deaths,  accidents  or  injuries  sustained  by  any  person  work- 
ing thereon,  in  such  form  as  may  be  required  by  the  commissioner  of  labor. 
Such  record  shall  be  open  to  the  inspection  of  the  commissioner  of  labor 
and  a  copy  thereof  shall  be  furnished  to  the  said  commissioner  on  demand. 
Within  forty-eight  hours  after  the  time  of  the  accident,  death  or  injury, 
a  report  thereof  shall  be  made  in  writing  to  the  commissioner  of  labor, 
stating  as  fully  as  possible  the  cause  of  the  death  or  injury,  and 
the  place  where  the  injured  person  has  been  sent,  with  such  other  or 
further  information  relative  thereto  as  may  be  required  by  the  said  com- 
missioner, who  may  investigate  the  causes  thereof  and  require  such  pre- 


20*  KEPOKT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

cautions  to  be  taken  as  will  prevent  the  recurrence  of  similar  happenings. 
No  statement  contained  in  any  such  report  shall  be  admissible  in  evidence 
in  any  action  arising  out  of  the  death  or  accident  therein  reported.  [Added 
by  L.  1910,  ch.  155.] 

Compare  §  87   (factory  accidents)   and  §   126   (mine  and  quarry  accidents). 

The  section  applies  to  house  wrecking  (opinion  of  Attorney-General  of  May  17, 
1911)  ;  also  to  maintenance  of  way  on  railroad  work  (opinion  of  Attorney-General, 
January  10,  1913). 

*  §  20-b.  Protection   of  employees. —  All   factories,  factory  buildings,   mer- 
cantile establishments  and  other  places  to  which  this  chapter  is  applicable, 
shall  be   so  constructed,  equipped,   arranged,   operated   and  conducted   in   all 
respects  as  to  provide  reasonable  and  'adequate  protection  to  the  lives,  health 
and    safety   of    all    persons    employed    therein.      The    industrial   board    shall, 
from  time  to  time,  make  such  rules  and  regulations  as  will  carry  into  effect 
the  provisions  of  this  section.     [Added  ~by  L.  1913,  ch.  145.] 

*  §  20-b.  Switchboards    to    be    protected.—  All    buildings    having    installed 
therein  a   switchboard  of  two  hundred  and  twenty  volts  or  over  shall  have, 
on  the  floor  or  upon  such  platform  or  other  standing  place  as  the  switch- 
board may  be  located  or  attached,  a  rubber  mat  the  length  of  the  switchboard 
and  of   sufficient  width  to  allow  a  person   to  walk  or   stand  thereon  while 
working  at  the  switchboard  or  making  tests.     [Added  by  L.  1913,  ch.  543.] 

§  21.  Commissioner  of  labor  to  enforce  provisions  of  article. —  The  com- 
missioner of  labor  shall  enforce  all  the  provisions  of  this  article.  He  shall 
investigate  complaints  made  to  him  of  violations  of  such  provisions  and  if 
he  finds  that  such  complaints  are  well  founded  he  shall  issue  an  order 
directed  to  the  person  or  corporation  complained  of,  requiring  such  person 
or  corporation  to  comply  with  such  provisions.  If  such  order  is  disregarded 
the  commissioner  of  labor  shall  present  to  the  district  attorney  of  the  proper 
county  all  the  facts  ascertained  by  him  in  regard  to  the  alleged  violation, 
and  all  other  papers,  documents  or  evidence  pertaining  thereto,  which  he  may 
have  in  his  possession.  The  district  attorney  to  whom  such  presentation  is 
made  shall  proceed  at  once  to  prosecute  the  person  or  corporation  for  the 
violations  complained  of,  pursuant  to  this  chapter  and  the  provisions  of  the 
penal  law.  If  complaint  is  made  to  the  commissioner  of  labor  that  any  person 
contracting  with  the  state  or  a  municipal  corporation  for  the  performance 
of  any  public  work  fails  to  comply  with  or  evades  the  provisions  of  this 
article  respecting  the  payment  of  the  prevailing  rate  of  wages,  the  require- 
ments of  hours  of  labor  or  the  employment  of  citizens  of  the  United  States 
or  of  the  state  of  New  York,  the  commissioner  of  labor  shall  if  he  finds 
such  complaints  to  be  well  founded,  present  evidence  of  such  non-compliance 
to  the  officer,  department  or  board  having  charge  of  such  work.  Such  officer, 
department  or  board  shall  thereupon  take  the  proper  proceedings  to  revoke 
the  contract  of  the  person  failing  to  comply  with  or  evading  such  provisions. 

See  §§  3  and  4,  ante',  and  Penal  Law,   §  1271,  subd.  1,  post. 

The  determination  of  the  commissioner  of  labor  as  to  a  violation  of  the  section 
by  contractor  is  merely  advisory  to  and  not  conclusive  upon  the  municipality  in 
question  :  In  re  Keystone  State  Construction  Co.  v.  Williams,  152  App.  Div.  575 ; 
aff'd,  207  X.  Y.  767. 

*As  in  original,  both  §§  numbered  20-b. 


LAWS  KKI.ATI\<;  TO   L 


AHOK.  21 

*  §  22.  Physical  examination  of  employees.  —  Whenever  an  employer  shall 
require   a   physical  examination   by    a   physician   or    surgeon   as    a   condition 
of  employment,  the  party  to  be  examined,  if  a  female,  shall  be  entitled  to  have 
such  examination  before  a  physician  or  surgeon  of  her  own  sex.     If  an  em- 
ployer  shall  require  or   attempt  to  require   a   female   applicant  for   employ- 
ment to  submit  to  an  examination  in  violation  of  the  provisions  of  this  sec- 
tion, he  shall  be  guilty  of  a  misdemeanor.     [Added  by  L.  1913,  ch.  320.] 

*  §  22.  Duties  relative   to   apprentices.  —  The   commissioner   of  labor  shall 
enforce  the  provisions  of  the  domestic  relations  law,  relative  to  indenture  of 
apprentices,  and  prosecute  employers  for  failure  to  comply  with  the  provisions 
of  such  indentures  and  of  such  law  in  relation  thereto.     [As  am'd  ~by  L.  1913, 
ch.  145.] 

Formerly  §  67  of  article  5  ;  renumbered  and  transferred  to  article  2  without 
change  of  text. 

For  the  law  concerning  apprentices  here  referred  to  see  "  The  Apprentice  System  " 
under  INDUSTRIAL  EDUCATION,  post. 

ARTICLE    3. 
Department   of  Labor. 

Section  40.  Commissioner  of  labor. 

41.  Deputy   commissioners. 

42.  Bureaus. 

43.  Powers. 

44.  Salaries  and  expenses. 

45.  Branch   offices. 

46.  Reports. 

47.  Old  records. 

48.  Counsel. 

§  40.  Commissioner  of  labor.  —  There  shall  continue  to  be  a  department  of 
labor,  the  head  of  which  shall  be  the  commissioner  of  labor,  who  shall  be 
appointed  by  the  governor  by  and  with  the  consent  of  the  senate,  and  who 
shall  hold  office  for  a  term  of  four  years  beginning  on  the  first  day  of 
January  of  the  year  in  which  he  is  appointed.  He  shall  receive  an  annual 
salary  of  eight  thousand  dollars.  He  shall  appoint  and  may  remove  all 
officers,  clerks  and  other  'employees  in  the  department  of  labor  except  as  in 
this  chapter  otherwise  provided.  [As  am'd  by  L.  1911,  ch.  729  and  L.  1913, 
ch.  145.] 

§  41.  Deputy  commissioners.  —  The  commissioner  of  labor  shall  forthwith 
upon  entering  upon  the  duties  of  his  office,  'appoint  and  may  at  pleasure 
remove  two  deputy  commissioners  of  labor.  The  first  deputy  commissioner 
shall  receive  a  salary  of  five  thousand  dollars  a  year;  the  second  deputy 
commissioner  shall  receive  a  salary  of  four  thousand  five  hundred  dollars  a 
year. 

The  first  deputy  commissioner  shall,  during  the  absence  or  disability  of 
the  commissioner  of  labor,  possess  all  the  powers  'and  perform  all  the  duties 
of  the  commissioner  except  the  power  of  appointment  and  removal.  During 
the  absence  or  disability  of  both  the  commissioner  of  labor  and  the  first 
deputy  commissioner  of  labor,  the  second  deputy  commissioner  shall  possess 
all  the  powers  and  perform  all  the  duties  of  the  commissioner  except  the 
power  of  appointment  and  removal.  In  addition  to  their  duties  and  powers 
as  prescribed  by  the  provisions  of  this  chapter,  the  deputy  commissioners  of 

*As  in  original,  both  §§  numbered  22. 


22*  KEPORT  or  THE  COMMISSIONER  or  LABOR,  1913. 

labor  shall  perform  such  other  duties  and  possess  such  other  powers  as  the 
commissioner  of  labor  may  prescribe.  [As  am'd  by  L.  1911,  ch.  729  and  L. 
1913,  ch.  145.] 

§  42.  Bureaus. —  The  department  of  labor  shall  have  four  bureaus  as  fol- 
lows: inspection;  statistics  and  information;  mediation  and  arbitration  and 
industries  and  immigation.  There  shall  be  such  other  bureaus  in  the  de- 
partment of  labor  as  the  commissioner  of  labor  may  deem  necessary.  [As 
am'd  by  L.  1910,  ch.  514  and  L.  1913,  ch.  145.] 

§  43.  Powers. —  1.  The  commissioner  of  labor,  his  deputies  and  their  assist- 
ants and  each  agent,  chief  factory  inspector,  factory  inspector,  mine  in- 
spector, tunnel  inspector,  chief  investigator,  special  investigator,  chief  mer- 
cantile inspector,  and  mercantile  inspector  may  administer  oaths  and  take 
affidavits  in  matters  relating  to  the  provisions  of  this  chapter.  [As  am'd 
by  L.  1912,  ch.  382  and  L.  1913,  ch.  145.] 

2.  No  person  shall  interfere  with,  obstruct  or  hinder  by  force   or  other- 
wise the  commissioner  of  labor,  any  member  of  the  industrial  board,  or  any 
officer,  agent  or  employee  of  the  department  of  labor  while  in  the  perform- 
ance of  their  duties,  or  refuse  to  properly  answer  questions  asked  by  such 
officers  or  employees  pertaining  to  the  provisions  of  this  chapter,  or  refuse 
them  admittance  to  any  place  which   is  affected  by  the  provisions   of  this 
chapter.  [As  am'd  by  L.  1913.  ch.  145.] 

3.  All  notices,  orders  and  directions  of  any  officer,  agent  or  employee  of 
the   department  of   labor   other   than   the   commissioner   of   labor   or   the   in- 
dustrial board  given  in  .accordance  with  this  chapter  are  subject  to  the  ap- 
proval .of  the  commissioner  of  labor,  and  may  be  performed  or  given  by  and 
in  the  name  of  the  commissioner  of   labor   and  by  any  officer   or   employee 
of  the  department  thereunto  duly  authorized  by   such   commissioner  in   the 
name  of  such  commissioner.     [As  am'd  by  L.  1913,  ch.  145.] 

4.  The  commissioner   of  labor  may  procure  and  cause  to  be  used  badges 
for  himself  and  his  subordinates  in  the  department  of  labor  while  in  the  per- 
formance of  their  duties.     [As  am'd  by  L.  1910,  ch.  514.] 

§  44.  Salaries  and  expenses. —  All  necessary  expenses  incurred  by  the  com- 
missioner of  labor  in  the  discharge  of  his  duties  shall  be  paid  by  the  state 
treasurer  upon  the  warrant  of  the  comptroller  issued  upon  proper  vouchers 
therefor.  The  reasonable  and  necessary  traveling  and  other  expenses  of  the 
deputy  commissioners,  their  assistants,  the  agents  and  statisticians,  the  chief 
factory  inspectors,  the  factory  inspectors,  chief  investigator,  the  special 
investigators,  the  chief  mercantile  inspector,  mercantile  inspectors,  and  other 
field  officers  of  the  department  while  engaged  in  the  performance  of  their 
duties  shall  be  paid  in  like  manner  upon  vouchers  approved  by  the  commis- 
sioner of  labor  and  audited  by  the  comptroller.  [As  am'd  by  L.  1910,  ch.  514 
and  L.  1913,  ch.  145.] 

§  45.  Branch  offices. —  The  commissioner  of  labor  shall  establish  and  main- 
tain branch  offices  of  the  department  in  the  city  of  New  York  and  in  such 
other  cities  of  the  state  as  he  may  deem  advisable.  Such  branch  offices 
shall,  subject  to  the  supervision  and  direction  of  the  commissioner  of  labor, 
be  in  immediate  charge  of  such  officials  or  employees  as  the  commissioner  of 
labor  may  designate.  The  reasonable  and  necessary  expenses  of  such  offices 


LAWS  RELATING  TO  LABOR.  *  23 

shall  be  paid  as  are  other  expenses  of  the  commissioner  of  labor.     [As  dm'd 
by  L.  1911,  ch.  729  and  L.  1913,  ch.  145.] 

§  46.  Reports. —  The  commissioner  of  labor  shall  report  annually  to  the 
legislature  and  shall  include  in  his  annual  report  or  make  separately  in  each 
year  a  report  of  the  operation  of  each  bureau  in  the  department.  [As  am'd 
by  L.  1913,  ch.  145.] 

§  47.  Old  records. —  All  statistics  furnished  to  and  all  complaints,  reports 
and  other  documentary  matter  received  by  the  commissioner  of  labor  pur- 
suant to  this  chapter  or  any  act  repealed  or  superseded  thereby  may  be 
destroyed  by  such  commissioner  after  the  expiration  of  six  years  from  the 
time  of  the  receipt  thereof. 

CJ.  §  2050  of  the  Penal  Law. 

§  48.  Counsel.— The  commissioner  of  labor  shall  appoint  and  may  at 
pleasure  remove  counsel  who  shall  be  an  attorney  and  counsellor  at  law 
of  the  state  of  New  York  to  represent  the  department  of  labor  and  to  take 
charge  of  and  assist  in  the  prosecution  of  actions  and  proceedings  brought 
by  or  on  behalf  of  the  commissioner  of  labor  or  the  department  of  labor,  and 
generally  to  act  as  legal  adviser  to  the  commissioner.  Such  counsel  shall  re- 
ceive a  salary  of  four  thousand  dollars  a  year.  The  commissioner  of  labor 
shall  have  power  to  appoint  and  at  pleasure  remove  attorneys  and  counsellors 
at  law  to  assist  the  counsel  in  the  performance  of  his  duties  who  shall  receive 
such  compensation  as  may  be  provided  by  law.  [As  am'd  by  L.  1913,  ch.  145.] 

ARTICLE   3-A. 

[Added  l>y  L.  1913,  ch.  145.] 
Industrial   Board. 

Section  50.  Industrial   board  ;   organization. 

51.  Jurisdiction  of  board. 

52.  Rules  and  regulations  ;  industrial  code. 

§  50.  Industrial  board;  organization. —  1.  There  shall  be  an  industrial 
board,  to  consist  of  the  commissioner  of  labor,  who  shall  be  chairman  of 
the  board,  and  four  associate  members.  The  associate  members  shall  be 
appointed  by  the  governor  by  and  with  the  consent  and  advice  of  the  Senate. 
Of  the  associate  members  first  appointed,  one  shall  hold  office  until  December 
first,  nineteen  hundred  and  fourteen,  one  until  December  first,  nineteen  hun- 
dred and  fifteen,  one  until  December  first,  nineteen  hundred  and  sixteen,  and 
one  until  December  first,  nineteen  hundred  and  seventeen.  Upon  the  expira- 
tion of  each  of  said  terms,  the  term  of  office  of  each  associate  member  there- 
after appointed  shall  be  for  four  years  from  the  first  day  of  December. 
Vacancies  shall  be  filled  by  appointment  for  the  unexpired  term.  The 
associate  members  shall  each  receive  a  salary  of  three  thousand  dollars  a 
year  and  each  of  said  associate  members  shall  be  paid  his  reasonable  and 
necessary  traveling  and  other  expenses  while  engaged  in  the  performance 
of  his  duties  in  the  manner  provided  in  section  forty-four  of  this  chapter. 

2.  The  board  shall  appoint  and  may  remove  a  secretary  who  shall  receive 
a  salary  to  be  fixed  by  the  board.  The  commissioner  of  labor  shall  detail, 
from  time  to  time,  to  the  assistance  of  the  board,  such  employees  of  the 
department  of  labor  as  the  board  may  require.  In  aid  of  its  work,  the 
board  is  empowered  to  employ  experts  for  special  and  occasional  services, 


%4*  KEPORT  OK  THE  ( 'OMMLSSIOXKR  OF  LABOR,   UM.'J. 

and  to  employ  necessary  clerical  assistants.  The  counsel  to  the  department 
of  labor  shall  be  counsel  to  the  board  without  additional  compensation. 

3.  The  board  shall  hold  stated  meetings,  at  least  once  a  month  during  the 
year  at  the  office  of  the  department  of  labor  in  the  city  of  Albany  or  in 
the  city  of  New  York  and  shall  hold  .other  meetings  at  such  times  and 
places  as  the  needs  of  the  public  service  may  require,  which  meetings  shall 
ibe  called  by  the  chairman  or  by  any  two  associate  members  of  the  board.  All 
meetings  of  the  board  shall  be  open  to  the  public.  The  board  shall  keep 
minutes  of  its  proceedings  showing  the  vote  of  each  member  upon  every 
question  and  records  of  its  examinations  and  other  official  action. 

§  51.  Jurisdiction  of  board. —  The  board  shall  have  power:  (1)  To  make 
investigations  concerning  and  report  upon  all  matters  touching  the  enforce- 
ment and  effect  of  the  provisions  of  this  chapter  and  the  rules  and  regula- 
tions made  by  the  board  thereunder,  and  in  the  course  of  such  investiga- 
tions, each  member  of  the  board  and  the  secretary  shall  have  power  to 
administer  oaths  and  take  affidavits.  Each  member  of  the  board  and  the 
secretary  shall  have  power  to  make  personal  inspections  of  all  factories, 
factory  buildings,  mercantile  establishments  and  other  places  to  which  this 
chapter  is  applicable. 

(2)  To   subpoena  and  require   the  attendance   in   this   State   of  witnesses 
and  the  production  of  books  and  papers  pertinent  to  the  investigations  and 
inquiries  hereby  authorized  and  to  examine  them  in  relation  to  any  matter 
which  it  has  power  to  investigate,  and  to  issue  commissions  for  the  examina- 
tion of  witnesses  who  are  out  of  the  state  or  unable  to  attend  before  the 
board  or  excused  from  attendance. 

(3)  To  make,  alter,  amend  and  repeal  rules  and  regulations  for  carrying 
into    effect    the    provisions    of    this    chapter,    applying    such    provisions    to 
specific   conditions   and   prescribing  specific  means,   methods   or  practices   to 
effectuate  such  provisions. 

(4)  To  make,  alter,  amend  or  repeal  rules  and  regulations  for  guarding 
against   and   minimizing    fire    hazards,    personal    injuries    and    disease,   with 
respect  to    (a)    the  construction,  alteration,  equipment  and  maintenance  of 
factories,    factory   buildings,   mercantile   establishments   and   other   places   to 
which  this  chapter  is  applicable,  including  the  conversion  of  structures  into 
factories    and    factory    buildings;     (b)     the    arrangement    and    guarding    of 
machinery  and  the  storing  and  keeping  of  property  and  articles  in  factories, 
factory    buildings    and    mercantile    establishments;     (c)     the    places    where 
and  the  methods   and  operations  by  which  trades  and  occupations  may  be 
conducted   and  the   conduct   of   employers,  employees   and   other   persons   in 
and    about    factories,    factory   buildings    and    mercantile    establishments;    it 
being  the  policy  and  intent  of  this  chapter  that  all  factories,  factory  build- 
ings,  mercantile  establishments   and  other  places   to  which   this  chapter   is 
applicable,    shall    be    so    construed,    equipped,    arranged,    operated    and    con- 
ducted in  all  respects  as  to  provide  reasonable  and  adequate  protection  to 
the  lives,  health  and  safety   of  all  persons  employed  therein  and  that  the 
said  board  shall  from  time  to  time  make  such  rules  and  regulations  as  will 
effectuate  the  said  policy  and  intent. 

The  industrial  board  has  power  to  adopt  rules  and  regulations  making  more 
stringent  provisions  for  the  safety  of  factories  than  those  contained  in  the 


LAWS  RELATING  TO  LABOR.  *  25 

Labor   Law,    notwithstanding   the   fact   that   the    law    itself   provides   fur   the   same 
subjects    (opinion  of  Attorney-general,   August  26,   1913). 

§  52.  Rules  and  regulations;  industrial  code.— 1.  The  rules  and  regulations 
adopted  by  the  board  pursuant  to  the  provisions  of  this  chapter  shall  have 
the  force  and  effect  of  law  and  shall  be  enforced  in  the  same  manner  as 
the  provisions  of  this  chapter.  Such  rules  and  regulations  may  apply  in 
whole  or  in  part  to  particular  kinds  of  factories  or  workshops,  or  to  par- 
ticular machines,  apparatus  or  articles;  or  to  particular  processes,  indus- 
tries, trades  or  occupations;  and  they  may  be  limited  in  their  application 
to  factories  or  workshops  to  be  established,  or  to  machines,  apparatus  or 
other  articles  to  be  installed  or  provided  in  the  future. 

2.  At  least  three  affirmative  votes  shall  be  necessary  to  the  adoption  of 
any    rule    or    regulation   by    the    board.     Before    any    rule    or    regulation    is 
adopted,  altered,  amended  or  repealed  by  the  board  there  shall  be  a  public 
hearing  thereon,  notice  of  which  shall  be  published  not  less  than  ten  days, 
in  such  newspapers  as  the  board  may  prescribe.     Every   rule   or  regulation 
and  every  act  of  the  board  shall  he  promptly  published  in  bulletins  of  the 
department   of   labor   or    in   such   newspapers    as   the   board   may    prescribe. 
The  rules  and  regulations,  and  alterations,  amendments  and  charges  thereof 
shall,    unless    otherwise    prescribed   by   the    board,    take    effect    twenty    days 
after  the  first  publication  thereof. 

3.  The  rules  and  regulations  which  shall  be  in  force  on  the  first  day  of 
January,   nineteen  hundred  and  fourteen,   and  the   amendments  and  altera- 
tions thereof,  and  the  additions  thereto,  shall  constitute  the  industrial  code. 
The  industrial  code  may  embrace  all  matters  and  subjects  to  which  and  so 
far  as  the  power  and  authority  of  the  department  of  labor  extends  and  its 
application  need  not  be  limited  to  subjects  enumerated  in  this  article.     The 
industrial  code  and  all  amendments  and  alterations   thereof  and  additions 
thereto   shall  be  certified  iby  the  secretary  of  the  board  and  filed  with  the 
secretary  of  state. 

AUTICLE  4. 

[Formerly  article  5  ;  renumbered  by  L.  1913,  ch.  145.] 
Bureau  of  Inspection. 

Section  53.  Bureau  of  inspection  ;  inspector  general ;  divisions. 

54.  Inspectors. 

55.  Division  of  factory  inspection  ;   factory  inspection  districts ;   chief  fac- 

tory inspectors. 

56.  Idem  ;  general  powers  and  duties. 

57.  Division  of  homework    inspection. 

58.  Division  of  mercantile    inspection. 

59.  Idem  ;  general  powers  and  duties. 

60.  Division  of  industrial  hygiene. 

61.  Section   of  medical   inspection. 

§  53.  Bureau  of  inspection;  inspector  general;  divisions. —  The  bureau  of 
inspection,  subject  to  the  supervision  and  direction  of  the  commissioner  of 
labor,  shall  have  charge  of  all  inspections  made  pursuant  to  the  provisions 
of  this  chapter,  and  shall  perform  such  other  duties  as  may  be  assigned 
to  it  by  the  commissioner  of  labor.  The  first  deputy  commissioner  of  labor 
shall  be  the  inspector  general  of  the  state,  and  in  charge  of  this  bureau 
subject  to  the  direction  and  supervision  of  the  commissioner  of  labor,  except 


26*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

that  the  division  of  industrial  hygiene  shall  be  under  the  immediate  direc- 
tion and  supervision  of  the  commissioner  of  labor.  Such  bureau  shall  have 
four  divisions  as  follows:  factory  inspection,  homework  inspection,  mercan- 
tile inspection  and  industrial  hygiene.  There  shall  be  such  other  divisions 
in  such  bureau  as  the  commissioner  of  labor  may  deem  necessary.  In  addi- 
tion to  their  respective  duties  as  prescribed  by  the  provisions  of  this  chapter, 
such  divisions  shall  perform  such  other  duties  as  may  be  assigned  to  them 
by  the  commissioner  of  labor.  [As  am'd  by  L.  1911,  ch.  729,  and  L.  1913, 
eft.  145.] 

§  54.  Inspectors. —  1.  Factory  inspectors.  There  shall  be  not  less  than  one 
hundred  and  twenty-five  factory  inspectors,  not  more  than  thirty  of  whom 
shall  be  women.  Such  inspectors  shall  be  appointed  by  the  commissioner 
of  latbor  and  may  be  removed  by  him  at  any  time.  The  inspectors  shall 
be  divided  into  seven  grades.  Inspectors  of  the  first  grade,  of  whom  there 
shall  be  not  more  than  ninety-five,  shall  each  receive  an  annual  salary  of 
one  thousand  two  hundred  dollars;  inspectors  of  the  second  grade,  of  whom 
there  shall  be  not  more  than  fifty,  shall  each  receive  an  annual  salary 
of  one  thousand  five  hundred  dollars;  inspectors  of  the  third  grade,  of  whom 
there  shall  be  not  more  than  twenty-five,  shall  each  receive  an  annual 
salary  of  one  thousand  eight  hundred  dollars;  inspectors  of  the  fourth  grade, 
of  whom  there  shall  be  not  more  than  ten,  shall  each  receive  an  annual 
salary  of  two  thousand  dollars  and  shall  be  attached  to  the  division  of 
industrial  hygiene  and  act  as  investigators  in  such  division;  inspectors  of 
the  fifth  grade,  of  whom  there  shall  be  not  more  than  nine,  one  of  whom 
shall  be  able  to  speak  and  write  at  least  five  European  languages  in  addi- 
tion to  English,  shall  each  receive  an  annual  salary  of  two  thousand  five 
hundred  dollars  and  shall  act  as  supervising  inspectors ;  inspectors  of  the 
sixth  grade,  of  whom  there  shall  be  not  less  than  three  and  one  of  whom 
shall  be  a  woman,  shall  act  as  medical  inspectors  and  shall  each  receive 
an  annual  salary  of  two  thousand  five  hundred  dollars;  inspectors  of  the 
seventh  grade,  of  whom  there  shall  be  not  less  than  four,  shall  each  receive 
an  annual  salary  of  three  thousand  five  hundred  dollars;  all  of  the  in- 
spectors of  the  sixth  grade  shall  be  physicians  duly  licensed  to  practice 
medicine  in  the  state  of  New  York.  Of  the  inspectors  of  the  seventh  grade 
one  shall  be  a  physician  duly  licensed  to  practice  medicine  in  the  state  of 
New  York,  and  he  shall  be  the  chief  medical  inspector;  one  shall  be  a 
chemical  engineer;  one  shall  'be  a  mechanical  engineer,  and  an  expert  in 
ventilation  and  accident  prevention;  and  one  shall  be  a  civil  engineer, 
and  an  expert  in  fire  prevention  and  building  construction.  [As  am'd  by 
L.  1911,  ch.  729,  L.  1912,  ch.  158,  and  L.  1913,  ch.  145.] 

2.  Mercantile  inspectors.  The  commissioner  of  labor  may  appoint  from 
time  to  time  not  more  than  twenty  mercantile  inspectors  not  less  than 
four  of  whom  shall  be  women  and  who  may  be  removed  by  him  at  any 
time.  The  mercantile  inspectors  may  be  divided  into  three  grades  but  not 
more  than  five  shall  be  of  the  third  grade.  Each  mercantile  inspector  of  the 
first  grade  shall  receive  an  annual  salary  of  one  thousand  dollars;  of  the 
second  grade  an  annual  salary  of  one  thousand  two  hundred  dollars ;  and 
of  the  third  grade  an  annual  salary  of  one  thousand  five  hundred  dollars, 
[As  am'd  by  L.  1913,  ch.  145.] 


LAWS  RELATING  TO  LABOK.  *  27 

§  55.  Division  of  factory  inspection;  factory  inspection  districts;  chief 
factory  inspectors. —  For  the  inspection  of  factories,  there  shall  be  two  inspec- 
tion districts  to  be  known  as  the  first  factory  inspection  district  and  the 
second  factory  inspection  district.  The  first  factory  inspection  district  shall 
include  the  counties  of  New  York,  Bronx,  Kings,  Queens,  Richmond,  Nassau 
and  Suffolk.  The  second  factory  inspection  district  shall  include  all  the  other 
counties  of  the  state.  There  shall  be  two  chief  factory  inspectors  who  shall 
be  appointed  by  the  com-missioner  of  labor  and  who  may  be  removed  by  him 
at  any  time  and  each  of  whom  shall  receive  a  salary  of  four  thousand  dollars 
a  year.  The  inspection  of  factories  in  each  factory  inspection  district  shall, 
subject  to  the  supervision  and  direction  of  the  commissioner  of  labor,  be  in 
charge  of  a  chief  factory  inspector  assigned  to  such  district  by  the  commis- 
sioner of  labor.  The  commissioner  of  labor  may  designate  one  of  the  super- 
vising inspectors  as  assistant  chief  factory  inspector  for  the  first  district, 
and  while  acting  as  such  assistant  chief  factory  inspector  shall  receive  an 
additional  salary  of  five  hundred  dollars  per  annum.  [Added  by  L.  1913, 
ch.  145.] 

§  56.  Idem;  general  powers  and  duties. —  1.  The  commissioner  of  labor 
shall,  from  time  to  time,  divide  the  state  into  sub-districts,  assign  one  factory 
inspector  of  the  fifth  grade  to  each  sub-district  as  supervising  inspector,  and 
may  in  his  discretion  transfer  such  supervising  inspector  from  one  sub- 
district  to  another;  he  shall  from  time  to  time,  assign  and  transfer  factory 
inspectors  to  each  factory  inspection  district  and  to  any  of  the  divisions  of 
the  bureau  of  inspection ;  he  may  assign  any  factory  inspector  to  inspect 
any  special  class  or  classes  of  factories  or  to  enforce  any  special  provisions 
of  this  chapter;  and  he  may  assign  any  one  or  more  of  them  to  act  as  clerks 
in  any  office  of  the  department.  [As  am'd  "by  L.  1911,  ch.  729,  and  L.  1913, 
ch.  145.] 

2.  The  commissioner  of  labor  may  authorize  any  deputy  commissioner  or 
assistant  and  any  agent  or  inspector  in  the  department  of  labor  to  act  as  a 
factory  inspector  with  the  full  power  and  authority  thereof.     [As  am'd  by  L. 
19.13,  ch.  145.] 

3.  The  commissioner  of  labor,  the  first  deputy  commissioner  of  labor  and 
his  assistant  or  assistants,  and  every  factory  inspector  and  every  person  duly 
authorized  pursuant  to  sub-division  two  of  this  section  may,  in  the  discharge 
of   his  duties   enter   any  place,   building   or  room  which   is   affected   by  the 
provisions  of  this  chapter  and  may  enter  any  factory  whenever  he  may  have 
reasonable  cause  to  believe  that  any  labor  is  being  performed  therein.     [As 
am'd  "by  L.  1911,  ch.  729,  and  L.  1913,  ch.  145.] 

4.  The  commissioner  of  labor  shall  visit  and  inspect  or  cause  to  be  visited 
and  inspected  the  factories,  during  reasonable  hours,  as  often  as  practicable, 
and  shall  cause  the  provisions  of  this  chapter  and  the  rules  and  regulations 
of  the  industrial  board  to  be  enforced  therein.     [As  am'd  by  L.  1913,  ch.  145.] 

5.  Any  lawful  municipal  ordinance,"""  by-law  or  regulation  .relating  to  fac- 
tories, in  addition  to  the  provisions  of  this  chapter  and  not  in  conflict  there- 
with, may  be  observed  and  enforced  by  the  commissioner  of  labor. 


*  With  the  possible  exception  of  New  York  City  ordinances  (City  of  New  York  v. 
Trustees  of  Sailors'  Snug  Harbor,  85  App.  Div.  355,  aff'd  180  N,  Y.  527,  and 
opinion  by  Attorney-General,  January  16,  1904 K 


28*  KEPOBT  OF  THE  COMMISSIONED  OF  LABOK,  1913. 

The  commissioner  of  labor  may  also  assign  duties  to  the  inspectors  of  steam 
vessels  when  transferred  by  the  superintendent  of  public  works  in  accordance  with 
the  Navigation  Law  (ch.  37  of  the  Consolidated  Laws)  as  follows  : 

§  3.  Duties  of  superintendent  of  public  works. —  The  superintendent  of  public 
works  shall  superintend  the  administration  of  the  provisions  of  this  article, 
appoint  the  inspectors  provided  for  in  this  act  .and  exercise  supervision  over  them 
In  the  performance  of  their  duties  so  far  as  the  same  relate  to  the  administration 
and  enforcement  of  the  provisions  of  this  article.  During  such  periods  of  the  year 
as  in  the  judgment  of  the  superintendent  of  public  works,  the  services  of  the  in- 
spectors provided  to  be  appointed  by  this  article  shall  not  be  needed  in  the  adminis- 
tration of  the  provisions  of  this  article,  he  may,  upon  request  of  the  commissioner 
of  labor,  for  temporary  periods,  transfer  such  inspectors  to  the  department  of  labor, 
and  during  the  periods  in  which  said  inspectors  are  so  transferred,  they  shall  be 
subject  to  the  jurisdiction  of  the  commissioner  of  labor  and  subject  to  detail  by 
him  as  experts  in  the  administration  of  the  labor  law.  The  necessary  traveling 
expenses  of  said  inspectors  while  acting  under  the  jurisdiction  of  the  commissioner 
of  labor  shall  be  paid  from  the  funds  appropriated  for  the  administration  of  the 
department  of  labor,  and  their  salaries  shall  be  paid,  as  hereinafter  provided,  by 
the  superintendent  of  public  works,  their  vouchers  to  be  approved  by  the  com- 
missioner of  labor. 

§  57.  Division  of  homework  inspection. —  The  division  of  homework  inspec- 
tion shall  be  in  charge  of  an  officer  or  employee  of  the  department  of  labor 
designated  by  the  commissioner  of  labor  and  shall',  subject  to  the  supervision 
and  direction  of  the  commissioner  of  labor,  have  charge  of  all  inspections  of 
tenement  houses  and  of  labor  therein  and  of  all  work  done  for  factories  at 
places  other  than  such  factories.  [Added  by  L.  1913,  ch.  145.\ 

§  58.  Division  of  mercantile  inspection. —  The  division  of  mercantile  inspec- 
tion shall  be  under  the  immediate  charge  of  the  chief  mercantile  inspector, 
but  subject  to  the  direction  and  supervision  of  the  commissioner  of  labor. 
The  chief  mercantile  inspector  shall  be  appointed  and  be  at  pleasure  removed 
by  the  commissioner  of  labor,  and  shall  receive  such  annual  salary  not  to- 
exceed  three  thousand  dollars  as  may  be  appropriated  therefor.  [As  am'd 
by  L.  1910,  ch.  516,  and  L.  1913,  ch.  145.] 

§  59.  Id.;  general  powers  and  duties. —  1.  The  commissioner  of  labor  may 
divide  the  cities  of  the  first  and  second  class  of  the  state  into  mercantile 
inspection  districts,  assign  one  or  more  mercantile  inspectors  to  each  such 
district,  and  may  in  his  discretion  transfer  them  from  one  such  district  to 
another;  he  may  assign  any  of  them  to  inspect  any  special  class  or  classes 
of  mercantile  or  other  establishments  specified  in  article  twelve  of  this  chap- 
ter, situated  in  cities  of  the  first*  and  second  class,  or  to  enforce  in  cities  of 
the  first  or  second  class  any  special  provision  of  such  article.  [As  am'd  by 
L.  1913,  ch.  145.] 

2.  The  commissioner  of  labor  may  authorize  any  deputy  commissioner  or 
assistant  and  any  agent  or  inspector  in  the  department  of  labor  to  act  as  a 
mercantile  inspector  with  the  full  power  and  authority  thereof.     [As  am'd 
by  L.  1913,  ch.  145.] 

3.  The  commissioner  of  labor,  the  chief  mercantile  inspector  and  his  assist- 
ant or  assistants   and   every   mercantile   inspector   or   acting   mercantile   in- 
spector may  in  the  discharge  of  his  duties  enter  any  place,  building  or  room 
in  cities  of  the  first  or  second  class  which  is  affected  by  the  provisions  of 
article  twelve  of  this  chapter,  and  may  enter  any  mercantile  or  other  estab- 
lishment specified  in  said  article,  situated  in  the  cities  of  the  first  or  second 


LAWS  KELATING  TO  LABOR.  *  29 

class,  whenever  he  may  have  reasonable  cause  to  believe  that  it  is  affected 
by  the  provisions  of  article  twelve  of  this  chapter.  [As  am'd  by  L.  1913, 
ch.  145.] 

4.  The  commissioner  of  labor  shall  visit  and  inspect  or  cause  to  be  visited 
and   inspected  the  mercantile   and   other   establishments   specified   in   article 
twelve  of  this  chapter  situated  in  cities  of  the  first  and  second  class,  as  often 
as  practicable,  and  shall  cause  the  provisions  of  said  article  and  the  rules 
and  regulations  of  the  industrial  board  to  be  enforced  therein.     [As  am'd  by 
L.  1913,  ch.  145.] 

5.  Any  lawful  municipal  ordinance,  by-law  or  regulation  relating  to  mer- 
cantile or  other  establishments  specified  in  article  twelve  of  this  chapter,  in 
addition  to  the  provisions  of  this  chapter  and  not  in  conflict  therewith,  may 
bo  enforced  by  the  commissioner  of  labor  in  cities  of  the  first  and  second  class. 
[As  am'd  by  L.  1913,  ch.  145.] 

§  60.  Division  of  industrial  hygiene. —  The  inspectors  of  the  seventh  grade 
shall  constitute  the  division  of  industrial  hygiene,  which  shall  be  under  the 
immediate  charge  of  the  commissioner  of  labor.  The  commissioner  of  labor 
may  select  one  of  the  inspectors  of  the  seventh  grade  to  act  as  the  director 
of  such  division,  and  such  director  while  acting  in  that  capacity  shall  receive 
an  additional  compensation  of  five  hundred  dollars  a  year.  The  members 
of  the  division  of  industrial  hygiene  shall  make  special  inspections  of  fac- 
tories, mercantile  establishments  and  other  places  subject  to  the  provisions 
of  this  chapter,  throughout  the  state,  and  shall  conduct  special  investiga- 
tions of  industrial  processes  and  conditions.  The  commissioner  of  labor  shall 
submit  to  the  industrial  board  the  recommendations  of  the  division  regarding 
proposed  rufes  and  regulations  and  standards  to  be  adopted  to  carry  into 
effect  the  provisions  of  this  chapter  and  shall  advise  said  board  concerning 
the  operation  of  such  rules  and  standards  and  as  to  any  changes  or  modifi- 
cations to  be  made  therein.  The  members  of  such  division  shall  prepare 
material  for  leaflets  and  bulletins  calling  attention  to  dangers  in  particular 
industries  and  the  precautions  to  be  taken  to  avoid  them;  and  shall  perform 
such  other  duties  and  render  such  other  services  as  may  be  required  by  the 
commissioner  of  labor.  The  director  of  such  division  shall  make  an  annual 
report  to  the  commissioner  of  labor  of  the  operation  of  the  division,  to  which 
may  be  attached  the  individual  reports  of  each  member  of  the  division  as 
above  specified,  and  same  shall  be  transmitted  to  the  legislature  as  part  of 
the  annual  report  of  the  commissioner  of  labor.  [Added  by  L.  1913,  ch.  145.] 

§  61.  Section  of  medical  inspection. —  The  inspectors  of  the  sixth  grade 
shall  constitute  the  section  of  medical  inspection  which  shall,  subject  to  the 
supervision  and  direction  of  the  director  of  the  division  of  industrial  hygiene, 
be  under  the  immediate  charge  of  the  chief  medical  inspector.  The  section 
of  medical  inspection  shall  inspect  factories,  mercantile  establishments  and 
other  places  subject  to  the  provisions  of  this  chapter  throughout  the  state 
with  respect  to  conditions  of  work  affecting  the  health  of  persons  employed 
therein  and  shall  have  charge  of  the  physical  examination  and  medical  super- 
vision of  all  children  employed  therein  and  shall  perform  such  other  duties 
and  render  such  other  services  as  the  commissioner  of  labor  may  direct. 
[Added  by  L.  1913,  ch.  145.] 


30*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 


ARTICLE  5. 

[Formerly  article  4  ;  renumbered  by  L.  1913,  ch.  145.] 
Bureau  of  Statistics  and  Information. 

Section  62.  Bureau   of  statistics  and  information. 

63.  Divisions  ;  duties  and  powers. 

64.  Information  to  be  furnished  upon  request. 

65.  Industrial  poisoning  to  be  reported. 

§  62.  Bureau  of  statistics  and  information. —  The  bureau  of  statistics  and 
information,  shall  be  under  the  immediate  charge  of  a  chief  statistician,  but 
subject  to  the  direction  and  supervision  of  the  commissioner  of  labor.  [As 
am'd  by  L.  1913,  ch.  145.] 

Cf.  §  42,  ante. 

§  63.  Divisions;  duties  and  powers. —  1.  The  bureau  of  statistics  and 
information  shall  have  five  divisions  as  follows :  general  labor  statistics ;  in- 
dustrial directory;  industrial  accidents  and  diseases;  special  investigations; 
and  printing  and  publication.  There  shall  be  such  other  divisions  in  such 
bureau  as  the  commissioner  of  labor  may  deem  advisable.  Each  of  the  said 
divisions  shall,  subject  to  the  supervision  and  direction  of  the  commissioner 
of  labor  and  of  the  chief  statistician,  be  in  charge  of  an  officer  or  employee 
of  the  department  of  labor  designated  by  the  commissioner  of  labor;  and  each 
of  the  said  divisions,  in  addition  to  the  duties  prescribed  in  this  chapter, 
shall  perform  such  other  duties  as  may  be  assigned  to  it  by  the  commissioner 
of  labor. 

2.  The  division  of  general  labor  statistics  shall  collect,  and  prepare  statis- 
tics and  general  information  in  relation  to  conditions  of  labor  and  the  in- 
dustries of  the  state. 

3.  The  division  of  industrial  directory  shall  prepare  annually  an  industrial 
directory  for  all  cities  and  villages  having  a  population  of  one  thousand  or 
more  according  to   the  last  preceding  federal   census   or  state  enumeration. 
Such  directory  shall  contain  information  regarding  opportunities  and  advan- 
tages for  manufacturing  in  every  such  city  or  village,  the  factories  estab- 
lished therein,  hours  of  labor,  housing  conditions,   railroad   and  water  con- 
nections, water  power,  natural  resources,  wages  and  such  other  data  regard- 
ing  social,   economic  and   industrial   conditions   as   in   the   judgment   of   the 
commissioner  would  be  of  value  to  prospective  manufacturers,  and  their  em- 
ployees.    If  a  city  is  divided  into  boroughs  the  directory  shall  contain  such 
information  as  to  each  borough. 

4.  The  division  of  industrial  accidents  and  diseases  shall  collect  and  pre- 
pare statistical  details  and  general  information  regarding  industrial  accidents 
and  occupational  diseases,  their  causes  and  effects,  and  methods  of  preventing, 
curing  and  remedying  them,  and  of  providing  compensation  therefor. 

5.  The  division  of  special  investigations  shall  have  charge  of  all  investi- 
gations and  research  work  relating  to  economic  and  social  conditions  of  labor 
conducted  by  such  bureau. 

6.  The  division  of  printing  and  publication  shall  print,  publish  and  dis- 
seminate in   such  manner   and  to   such  extent  as  the   commisioner   of  labor 
shall   direct,   such   information  and   statistics   as  the   commissioner  of  labor 
may  direct  for  the  purpose  of  promoting  the  health,  safety  and  well  being 
of  persons  employed  at  labor. 


LAWS  RELATING  TO  LABOR.  *  31 

7.  The  commissioner  of  labor  may  subpoena  witnesses,  take  and  hear  tes- 
timony, take  or  cause  to  be  taken  depositions  and  administer  oaths.  [As 
am'd  by  L.  1913,  ch.  145.] 

Subpoena,  how  issued,  Code  of  Civil  Procedure,  §  854  ;  how  served,  id.,  §  852  ; 
fees,  id.,  §  3318. 

Duties  and  powers  discussed,  People  v.  Peck,  138  N.  Y.  386,  which  held  the 
commissioner  of  labor  statistics  to  be  a  public  officer  within  the  meaning  of  §  2050 
of  the  Penal  Law. 

§  64.  Information  to  be  furnished  upon  request— The  owner,  operator, 
manager  or  lessee  of  any  mine,  factory,  workshop,  warehouse,  elevator, 
foundry,  machine  shop  or  other  manufacturing  establishment,  or  any  agent, 
superintendent,  subordinate,  or  employee  thereof,  and  any  person  employing 
or  directing  any  labor  affected  by  the  provisions  of  this  chapter,  shall,  when 
requested  by  the  commissioner  of  labor,  furnish  any  information  in  his  pos- 
session or  under  his  control  which  the  commissioner  is  authorized  to  require, 
and  shall  admit  him  or  his  duly  authorized  representative  to  any  place  which 
is  affected  by  the  provisions  of  this  chapter  for  the  purpose  of  inspection.  A 
person  refusing  to  admit  such  commissioner,  or  person  authorized  by  him, 
to  any  such  establishment,  or  to  furnish  him  any  information  requested,  or 
who  refuses  to  answer  or  untruthfully  answers  questions  put  to  him  by 
such  commissioner,  in  a  circular  or  otherwise,  shall  forfeit  to  the  people  of 
the  state  the  sum  of  one  hundred  dollars  for  each  refusal  or  untruthful 
answer  given,  to  be  sued  for  and  recovered  by  the  commissioner  in  his  name 
of  office.  The  amount  so  recovered  shall  be  paid  into  the  state  treasury. 
[As  am'd  by  L.  1913,  ch.  145.] 

§  65.  Industrial  poisonings  to  be  reported.— 1.  Every  medical  practitioner 
attending  on  or  called  in  to  visit  a  patient  whom  he  believes  to  be  suffering 
from  poisoning  from  lead,  *phosphorous,  arsenic,  brass,  wood  alcohol,  mercury 
or  their  compounds,  or  from  anthrax,  or  from  compressed  air  illness,  contracted 
as  the  result  of  the  nature  of  the  patient's  employment,  shall  send  to  the. 
commissioner  of  labor  a  notice  stating  the  name  and  full  postal  address  and 
place  of  employment  of  the  patient  and  the  disease  from  which,  in  the  opinion 
of  the  medical  practitioner,  the  patient  is  suffering,  with  such  other  and 
further  information  as  may  be  required  by  the  said  commissioner. 

2.  If  any  medical  practitioner,  when   required  by  this  section  to  send   a 
notice,   fails   forthwith   to   send  the  same,   he  shall  be   liable   to  a  fine  not 
exceeding  ten  dollars. 

3.  It  shall  be  the  duty  of  the  commissioner  of  labor  to  enforce  the  pro- 
visions of  this  section,  and  he  may  call  upon  the  state  and  local  boards  of 
health  for  assistance.     [Added  as  §  58  by  L.  1911,  ch.  258;  am'd  and  renum- 
bered by  L.  1913,  ch.  145.] 

ARTICLK  6. 

Factories. 

\TJic  Penal  Laic,   §   1275    (post),  makes  it  a  misdemeanor  to  violate  or  refuse 
to  comply  with  the  provisions  of  this  article,  tvhich  are  to  be  strictly  construed. 
(Murphy  v.  Bennett,  11  App.  Div.  298.)] 
Section  69.     Registration  of  factories. 

70.  Employment  of  minors. 

71.  Employment  certificate  how  issued. 

72.  Contents  of  certificate. 

*  So  in  original. 


32  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

Section  73.     School   record,    what   to   contain. 

75.  Supervision  over  issuance  of  certificates. 

76.  Registry  of  children  employed. 

76-a.  Physical    examination    of    children    in    factories ;    cancellation    of    em- 
ployment certificates. 

77.  Hours  of  labor  of  ch        en,  minors  and  women. 

78.  Exceptions. 

79.  Elevators  and  hoistways. 

79-a.  Construction  of  factory  buildings  hereafter  erected. 

79-b.  Requirements  for  existing  buildings. 

79-c.  Additional  requirements  common  to  buildings  heretofore  and  hereafter 

erected. 
79-d.  Effect  of  foregoing  provisions ;   inspection   of   buildings   and   approval 

of  plans. 

79-e.  Limitation  of  number  of  occupants. 
79-f.  Meaning  of  terms. 
81.     Protection  of  employees  operating  machinery  ;  dust-creating  machinery  ; 

lighting  of  factories  and  workrooms. 
83~a.  Fire  alarm  signal  systems  and  fire  drills. 
83-b.  Automatic  sprinklers. 
83-c.  Fire  proof  receptacles  ;  gas  jets  ;  smoking. 

84.  Cleanliness  of   rooms. 

84-a.  Cleanliness  of  factory  buildings. 

85.  Size  of  rooms. 

86.  Ventilation. 

87.  Accidents  to  be  reported. 

88.  Drinking  water,   wash-rooms  and  dressing  rooms. 
88-a.  Water  closets. 

89.  Time  allowed  for  meals. 

89-a.  Prohibition  against  eating  meals  in  certain  work  rooms. 

90.  Inspection  of  factory  buildings. 

92.  Laundries. 

93.  Prohibited  employment  of  women  and  children. 
93-a.  Employment  of  females  after  childbirth  prohibited. 
93-b.  Period  of  rest  at  night  for  women. 

94.  Tenant-factories. 

95.  Unclean  factories. 

96.  Definition  of  "  custodian." 

97.  Brass,  iron  and  steel  foundries. 

98.  Labor   camps. 

99.  Dangerous   trades. 
99-a.  Laws  to  be  posted. 

§  69.  Registration  of  factories. —  The  owner  of  every  factory  shall  register 
such  factory  with  the  state  department  of  labor,  giving  the  name  of  the 
owner,  his  home  address,  the  address  of  the  business,  the  name  under  which 
it  is  carried  on,  the  number  of  employees  and  such  other  data  as  the  com- 
missioner of  labor  may  require.  Such  registration  of  existing  factories  shall 
be  made  within  six  months  after  this  section  takes  effect.  Factories  here- 
after established  shall  be  so  registered  within  thirty  days  after  the  commence- 
ment of  business.  Within  thirty  days  after  a  change  in  the  location  of  a 
factory  the  owner  thereof  shall  file  with  the  commissioner  of  tabor  the  nev 
address  of  the  business,  together  with  such  other  information  as  the  commit 
sioner  of  labor  may  require.  [Added  ~by  L.  1912,  ch.  335.] 

§  70.  Employment  of  minors. —  No  child  under  the  age  of  fourteen  years 
shall  be  employed,  permitted  or  suffered  to  work  in  or  in  connection  with 
any  factory  in  this  state,  or  for  any  factory  at  any  place  in  this  state.  No 
child  between  the  ages  of  fourteen  and  sixteen  years  shall  be  so  employed, 


LAWS  RELATING  TO  LABOR.  *  33 

permitted  or  suffered  to  work  unless  an  employment  certificate,  issued  as 
provided  in  this  article,  shall  have  been  theretofore  filed  in  the  office  of  the 
employer  at  the  place  of  employment  of  such  child.  Nothing  herein  con- 
tained shall  prevent  a  person  engaged  in  farming  from  permitting  his 
children  to  do  farm  work  for  him  upon  his  farm.  Boys  over  the  age  of 
twelve  years  may  be  employed  in  gathering  produce,  for  not  more  than  six 
hours  in  any  one  day,  subject  to  the  requirements  of  chapter  twenty-one 
of  the  laws  of  nineteen  hundred  and  nine,  entitled  "An  act  relating  to  educa- 
tion, constituting  chapter  sixteen  of  the  consolidated  laws,"  and  all  acts 
amendatory  thereof.  [As  am'd  ly  L.  1913,  ch.  529.] 

Compare  §§  626-628  of  the  Compulsory  Education  Law  under  CHILD  LABOR,  post, 
and  §  162  post. 

The  prohibition  is  absolute  ;  lack  of  intent  or  knowledge  not  a  defense  (opinion  of 
Attorney-General,  January  1\>,  1905;  City  of  New  York  v.  Chelsea  Jute  Mills,  43 
Misc.  266,  where  it  was  held,* March  24»  1904,  that  ignorance  of  the  child's  age  and 
an  honest  belief  on  the  part  of  the  employer  that  it  was  over  age,  was  no  defense). 
But  an  officer  of  a  corporation  who  has  directed  that  no  child  shall  be  employed 
contrary  to  law  is  not  liable  if  a  subordinate,  without  his  knowledge,  illegally 
employs  a  child.  People  v.  Taylor,  192  N.  Y.  398  (1908). 

Violation  is  a  misdemeanor  ( renal  Law,  §  1275,  post)  and  prima  facie  evidence 
of  negligence  on  the  part  of  an  employer  in  an  action  against  him :  Marino  v. 
Lehmaier,  173  N.  Y.  530;  Koester  v.  Rochester  Candy  Works,  194*  N.  Y.  92  (1909)  ; 
Sitts  v.  Waiontha  Co.,  94  Ap^p.  Div.  38;  Dragotto  v.  Plunkett,  113  App.  Div.  648; 
Lee  v.  Sterling  Silk  Mfg.  Co.,  115  App.  Div..  589  and  134.  App.  Div.  123  ;  Kenyon  v. 
Sanford  Mfg.  Co.,  199  App.  Div.  570  ;  Fortune  v.  Hall,  122  App.  Div.  250  ;  Danaher 
v.  American  Mfg.  Co.,  126  App.  Div.  385  (1908).  Cf.  also  §  202,  post. 

A  child  under  fourteen  years  of  age  may  not  be  employed  in  a  factory  or  mer- 
cantile establishment  w»hich-  is  owned  or  controlled  by  the  child's  parents  (opinion, 
of  Attorney-General,  May  14,  19-12). 

§  71.  Employment  certificate  how  issued. —  Such  certificate  shall  be  issued 
by  the  commissioner  of  health  or  the  executive  officer  of  the  board  or  depart- 
ment of  health  of  the  city,  town  or  village  where  such  child  resides,  or  is  to 
be  employed,  or  by  such  other  officer  thereof  as  may  be  designated  by  such 
board,  department  or  commissioner  for  that  purpose,  upon  the  application 
of  the  parent  or  guardian  or  custodian  of  the  child  desiring  such  employ- 
ment. Such  officer  shall  not  issue  such  certificate  until  he  has  received, 
examined,  approved  and  filed  the  following  papers  duly  executed,  viz.:  The 
school  record  of  such  child  properly  filled  out  and  signed  as  provided  in  this 
article;  also  evidence  of  age  showing  that  the  child  is  fourteen  years  old  or 
upwards,  which  shall  consist  of  the  evidence  thereof  provided  in  one  of  the 
following  subdivisions  of  this  section  and  which  shall  be  required  in  the 
order  herein  designated  as  follows: 

(a)  Birth   certificate:    A  duly   attested  transcript  of   the  birth  certificate 
filed   according  to   law  with   a  registrar  of  vital   statistics   or   other   officer 
charged  with  the  duty  of  recording  births;  which  certificate  shall  be  conclu- 
sive evidence  of  the  age  of  such  child. 

(b)  Certificate  of  graduation:   A  certificate  of  graduation  duly  issued  to 
"Fsuch  child  showing  that  such  child  is  a  graduate  of  a  public  school  of  the 

state  of  New  York  or  elsewhere,  having  a  course  of  not  less  than  eight  years, 
or  of  a  school  in  the  state  of  New  York  other  than  a  public  school,  having 
a  substantially  equivalent  course  of  study  of  not  less  than  eight  years'  dura- 
tion, in  which  a  record  of  the  attendance  of  such  child  has  been  kept  as 

2 


34*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

required  by  article  twenty  of  the  education  law,  provided  that  the  record  of 
such  school  shows  such  child  to  be  at  least  fourteen  years  of  age. 

(c)  Passport    or    baptismal    certificate:    A    passport    or    a    duly    attested 
transcript  of  a  certificate  of  baptism  showing  the  date  of  birth  and  place  of 
baptism  of  such  child. 

(d)  Other   documentary  evidence:    In   case   it   shall   appear  to  the   satis- 
faction of  the  officer  to  whom  application  is  made,  as  herein  provided,  for  an 
employment  certificate,  that  a  child  for  whom  such  certificate  is   requested, 
and  who  has  presented  the  school  record,  is  in  fact  over  fourteen  years  of 
age,  and  that  satisfactory  documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preceding  subdivisions  of  this 
section,  and  that  none  of  the  papers  mentioned  in  said  subdivisions  can  be  pro- 
duced, then  and  not  otherwise  he  shall  present  to  the  board  of  health  of  which 
he  is  an  officer  or  agent,  for  its  action  thereon,  a  statement  signed  by  him 
showing  such  facts,  together  with  such  affidavits  or  papers  as  may  have  been 
produced  before  him  constituting  such  evidence  of  the  age  of  such  child,  and 
the  board  of  health,  at  a  regular  meeting  thereof,  may  then,  by  resolution, 
provide  that  such  evidence  of  age  shall  be  fully  entered  on  the  minutes  of 
such  board,  ancf  shall  be  received  as  sufficient  evidence  of  the  age  of  such 
child  for  the  purpose  of  this  section. 

(e)  Physicians'    certificates:     In    cities    of   the    first    class    only,    in    case 
application  for  the  issuance  of  an  employment  certificate  shall  be  made  to 
such    officer    by    a   child's    parent,    guardian    or    custodian    who    alleges    his 
inability  to  produce  any  of  the  evidence  of   age  specified   in  the  preceding 
subdivisions  of  this  section,  and  if  the  child  is  apparently  at  least  fourteen 
years  of  age,  such  officer  may  receive  and  file  an  application  signed  by  the 
parent,  guardian  or  custodian  of  such  child  for  physicians'  certificates.    Such 
application  shall  contain  the  alleged  age,  place  and  date  of  birth,  and  present 
residence    of    such    child,    together    with    such   further   facts    as   may    be    of 
assistance  in  determining  the  age  of  such  child.     Such  application  shall  be 
filed  for  not  less  than  ninety  days  after  date  of  such  application  for  such 
physicians'  certificates,  for  an  examination  to  be  made  of  the  statements  con- 
tained therein,  and  in  case  no  facts  appear  within  such  period  or  by  such 
examination   tending   to   discredit   or   contradict   any    material    statement   of 
such  application,  then  and  not  otherwise   the  officer  may  direct  such   child 
to  appear  thereafter  for  physical  examination  before  two  physicians  officially 
designated  by  the  board  of  health,  and  in  case  such  physicians  shall  certify 
in  writing  that  they  have  separately  examined  such  child  and  that  in  their 
opinion  such  child  is  at  least  fourteen  years  of  age  such  officer  shall  accept 
such  certificates  as  sufficient  proof  of  the  age  of  such  child  for  the  purposes 
of  this  section.     In  case  the  opinions  of  such  physicians  do  not  concur,  the 
child  shall  be  examined  by  a  third  physician   and  the  concurring  opinions 
shall  be  conclusive  for  the  purpose   of  this  section   as   to  the  age  of   such 
child. 

Such  officer  shall  require  the  evidence  of  age  specified  in  subdivision  (a) 
in  preference  to  that  specified  in  any  subsequent  subdivision  and  shall  not 
accept  the  evidence  of  age  permitted  by  any  subsequent  subdivision  unless 
he  shall  receive  and  file  in  addition  thereto  an  affidavit  of  the  parent  showing 
that  no  evidence  of  age  specified  in  any  preceding  subdivision  or  subdivisions 


LAWS  RELATING  TO  LABOR.  *  35 

of  this  section  can  be  produced.  Such  affidavit  shall  contain  the  age,  place 
and  date  of  birth,  and  present  residence  of  such  child,  which  affidavit  must 
be  taken  before  the  officer  issuing  the  employment  certificate,  who  is  hereby 
authorized  and  required  to  administer  such  oath  and  who  shall  not  demand 
or  receive  a  fee  therefor.  Such  employment  certificate  shall  not  be  issued  until 
such  child  further  has  personally  appeared  before  and  been  examined  by  the 
officer  issuing  the  certificate,  and  until  such  officer  shall,  after  making  such 
examination,  sign  and  file  in  his  office  a  statement  that  the  child  can  read 
and  legibly  write  simple  sentences  in  the  English  language  and  that  in  his 
opinion  the  child  is  fourteen  years  of  age  or  upwards  and  has  reached  the 
normal  development  of  a  child  of  its  age,  and  is  in  sound  health  and  is 
physically  able  to  perform  the  work  which  it  intends  to  do.  Every  such 
employment  certificate  shall  be  signed,  in  the  presence  of  the  officer  issuing 
the  same,  by  the  child  in  whose  name  it  is  issued.  In  every  case,  before 
an  employment  certificate  is  issued,  such  physical  fitness  shall  be  determined 
by  a  medical  officer  of  the  department  or  board  of  health,  who  shall  make  a 
thorough  physical  examination  of  the  child  and  record  the  result  thereof 
on  a  blank  to  be  furnished  for  the  purpose  by  the  state  commissioner  of  labor 
and  shall  set  forth  thereon  such  facts  concerning  the  physical  condition  and 
history  of  the  child  as  the  commissioner  of  labor  may  require.  [As  am'd  by 
L.  1912,  ch.  333.] 

Compare  §  163,  post. 

The  requirement  of  an  examination  as  to  physical  fitness  is  of  state-wide  appli- 
cation and  is  not  limited  to  cities  of  the  first  class  (opinion  of  Attorney-General, 
November  9,  1912). 

The  Penal  Law,  §  1275,  post,  makes  it  a  misdemeanor  to  make  a  false  statement 
in  relation  to  an  application  for  an  employment  certificate. 

§  72.  Contents  of  certificate.—  Such  certificate  shall  state  the  date  and  place 
of  birth  of  the  child,  and  describe  the  color  of  the  hair  and  eyes,  the  "height 
and  weight  and  any  distinguishing  facial  marks  of  such  child,  and  that  the 
papers  required  by  the  preceding  section  have  been  duly  examined,  approved 
and  filed  and  that  the  child  named  in  such  certificate  has  appeared  before  the 
officer  signing  the  certificate  and  been  examined. 

Compare  §   164,  post. 

§  73.  School  record,  v/hat  to  contain. —  The  school  record  required  by  this 
article  shall  be  signed  by  the  principal  or  chief  executive  officer  of  the  school 
which  such  child  has  attended  and  shall  be  furnished,  on  demand,  to  a  child 
entitled  thereto  or  to  the  board,  department  or  commissioner  of  health. 
It  shall  contain  a  statement  certifying  that  the  child  has  regularly  attended 
the  public  schools  or  schools  equivalent  thereto,  or  parochial  schools,  for 
not  less  than  one  hundred  and  thirty  days  during  .the  twelve  months  next 
preceding  his  fourteenth  birthday,  or  during  the  twelve  months  next  pre- 
ceding his  application  for  such  school  record  and  is  able  to  read  and  write 
simple  sentences  in  the  English  language,  and  has  received  during  such 
period  instruction  in  reading,  spelling,  writing,  English;  grammar  and 
geography  and  is  familiar  with  the  fundamental  operations  of  arithmetic 
up  to  and  including  fractions  and  has  completed  the  work  prescribed  for 
the  first  six  years  of  the  public  elementary  school  or  school  equivalent  thereto 
or  parochial  school  from  which  such  school  record  is  issued.  Such  school 
record  shall  also  give  the  date  of  birth  and  residence  of  the  child  as  shown 


36  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

on   the  records  of   the  school  and  the  name  of    its   parent  or  guardian   or 
custodian.     [As  am'd  ly  L.  1913,  ch.  144.] 

Compare  §  1G5,  post,  and  §§  629-630  of  the  Education  Law  under  CHILD  LABOH, 
post. 

§  75.  Supervision  over  issuance  of  certificates. —  The  board  or  department 
of  health  or  health  commissioner  of  a  city,  village  or  town,  shall  transmit, 
between  the  first  and  tenth  day  of  each  month,  to  the  commissioner  of  labor, 
a  list  of  the  names  of  all  children  to  whom  certificates  have  been  issued 
during  the  preceding  month  together  with  a  duplicate  of  the  record  of  every 
examination  as  to  the  physical  fitness,  including  examinations  resulting  in 
rejection. 

In  cities  of  the  first  and  second  class  all  employment  certificates  and 
school  records  required  under  the  provisions  of  this  chapter  shall  be  in  such 
form  as  shall  be  approved  by  the  commissioner  of  labor.  In  towns,  villages 
or  cities  other  than  cities  of  the  first  or  second  class,  the  commissioner  of 
labor  shall  prepare  and  furnish  blank  forms  for  such  employment  certifi- 
cates and  school  records.  No  school  record  or  employment  certificate  re- 
quired by  this  article,  other  than  those  approved  or  furnished  by  the  com- 
missioner of  labor  as  above  provided,  shall  be  used.  The  commissioner  of 
labor  shall  inquire  into  the  administration  and  enforcement  of  the  pro- 
visions of  this  article  by  all  public  officers  charged  with  the  duty  of  issuing 
employment  certificates,  and  for  that  purpose  the  commissioner  of  labor  shall 
have  access  to  all  papers  and  records  required  to  be  kept  by  all  such  officers. 
[As  am'd  by  L.  1912,  ch.  333,  and  L.  1913,  ch.  144.] 

§  76.  Registry  of  children  employed. —  Each  person  owning  or  operating  a 
factory  and  employing  children  therein  shall  keep  or  cause  to  be  kept  in  the 
office  of  such  factory,  a  register,  in  which  shall  be  recorded  the  name,  birth- 
place, age  and  place  of  residence  of  all  children  so  employed  under  the  age  of 
sixteen  years.  Such  register  and  the  certificate  filed  in  such  office  shall  be 
produced  for  inspection  upon  the  demand  of  the  commissioner  of  labor.  On 
termination  of  the  employment  of  a  child  so  registered,  and  whose  certificate 
is  so  filed,  such  certificate  shall  be  forthwith  surrendered  by  the  employer  to 
the  child  or  its  parent  or  guardian  or  custodian.  The  commissioner  of  labor 
may  make  demand  on  an  employer  in  whose  factory  a  child  apparently  under 
the  age  of  sixteen  years  is  employed  or  permitted  or  suffered  to  work,  and 
whose  employment  certificate  is  not  then  filed  as  required  by  this  article,  that 
such  employer  shall  either  furnish  him,  within  ten  days,  evidence  satisfactory 
to  him  that  such  child  is  in  fact  over  sixteen  years  of  age,  or  shall  cease  to 
employ  or  permit  or  suffer  such  child  to  work  in  such  factory.  The  commis- 
sioner of  labor  may  require  from  such  employer  the  same  evidence  of  age  of 
such  child  as  is  required  on  the  issuance  of  an  employment  certificate ;  and  the 
employer  furnishing  such  evidence  shall  not  be  required  to  furnish  any  fur- 
ther evidence  of  the  age  of  the  child.  A  notice  embodying  such  demand  may 
be  served  on  such  employer  personally  or  may  be  sent  by  mail  -addressed  to 
him  at  said  factory,  and  if  served  by  post  shall  be  deemed  to  have  been  served 
at  the  time  when  the  letter  containing  the  same  would  be  delivered  in  the 
ordinary  course  of  the  post.  When  the  employer  is  a  corporation  such  notice 
may  be  served  either  personally  upon  an  officer  of  such  corporation,  or  by 
sending  it  by  post  addressed  to  the  office  or  the  principal  place  of  business  of 


LAWS  RELATING  TO  LABOU.  *  37 

such  corporation.  The  papers  constituting  such  evidence  of  age  furnished  by 
the  employer  in  response  to  such  demand  shall  be  filed  with  the  commissioner 
of  labor  and  a  material  false  statement  made  in  any  such  paper  or  affidavit 
by  any  person  shall  be  a  misdemeanor.  In  case  such  employer  shall  fail  to 
produce  and  deliver  to  the  commissioner  of  labor  within  ten  days  after  such 
demand  such  evidence  of  age  herein  required  by  him,  and  shall  thereafter  con- 
tinue to  employ  such  child  or  permit  or  suffer  such  child  to  work  in  such 
factory,  proof  of  the  giving  of  such  notice  and  of  such  failure  to  produce  and 
file  such  evidence  shall  be  prima  facie  evidence  in  any  prosecution  brought  for 
a  violation  of  this  article  that  such  child  is  under  sixteen  years  of  age  and  is 
unlawfully  employed. 

Compare  §  167,  post. 

§  7G-a.  Physical  examination  of  children  in  factories;  cancellation  of  em- 
ployment certificates. —  1.  All  children  between  fourteen  and  sixteen  years 
of  age  employed  in  factories  shall  submit  to  a  physical  examination  when- 
ever required  by  a  medical  inspector  of  the  state  department  of  labor.  The 
result  of  all  such  physical  examinations  shall  be  recorded  on  blanks  fur- 
nished for  that  purpose  by  the  commissioner  of  labor,  and  shall  be  kept  on 
file  in  such  office  or  offices  of  the  department  as  the  commissioner  of  labor 
may  designate. 

2.  If  any   such  child   shall   fail  to  submit   to  such   physical  examination, 
the  commissioner   of  labor   iriay  issue   an  order   cancelling  such  child's  em- 
ployment certificate.     Such  order  shall  be  served  upon  the  employer  of  such 
child   who    shall    forthwith    deliver   to    an   authorized  .representative    of   the 
department   of    labor    the   child's    employment   certificate.      A   certified    copy 
of  the  order  of  cancellation  shall  -te  served  on  the  board  of  health  or  other 
local  authority  that   issued  the  said  certificate.     No  such   child  whose  em- 
ployment certificate  has  been  cancelled,  as  aforesaid,  shall,  while  said  can- 
cellation remains  -unrevoked,  be  permitted  or  suffered  to  work  in  any  factory 
of  the  state  before  it  attains  the  age  of  sixteen  years.     If  thereafter  such 
child  shall  submit  to  the  physical   examination  required,  the  commissioner 
of  labor  may   issue  an  order   revoking  the   cancellation  of   the  employment 
certificate  and  may  return  the  employment  certificate  to  such  child.     Copies 
of  the  order  of  revocation*  shall  -be  served  upon  the  former  employer  of  the 
child  and  the  local  board  of  health  as  aforesaid. 

3.  If  as  a  result  of  the  physical  examination  made  by  a  medical  inspector 
it  appears  that  the  child   is  physically  unfit  to  be  employed   in  a   factory, 
such   medical   inspector    shall  forthwith   submit   a   report  to   that   effect   to 
the  commissioner  of  labor  which  shall  be  kept  on  file  in  the  office  of  the  com- 
missioner of  labor,  setting  forth  in  detail  his  reasons  therefor,  and  the  com- 
missioner of  labor  may  issue  an  Border  cancelling  the  employment  certificate 
of  such  child.     Such  order  of  cancellation  shall  be  served,   and  the  child's 
employment  certificate  delivered  up,  as  provided   in  subdivision  two  hereof, 
and   no  such   child  while  the   said  order  of  cancellation   remains  unrevoked 
shall  be  permitted  or  suffered  to  work  in  any  factory  of  the  state  before  it 
attains  the  age  of  sixteen  years.     If  upon  a  subsequent  physical  examination 
of  the  child  by  a  medical  inspector  of  the  department  of  labor   it  appears 
that  the  physical  infirmities  have  been  removed,  such  medical  inspector  shall 
certify   to  that   effect  to  the  commissioner  of   labor,   and   the   commissioner 


38  *  REPORT  OF  THE  COMMISSIONEB  OF  LABOR,  1913. 

of  labor  may  thereupon  make  an  order  revoking  the  cancellation  of  the 
employment  certificate  and  may  return  the  certificate  to  such  child.  The 
order  of  revocation  shall  be  served  in  the  manner  provided  in  subdivision 
two  hereof.  [Added  by  L.  1913,  ch.  200.] 

§  77.  Hours  of  labor  of  children,  minors  and  women. —  1.  No  child  under 
the  age  of  sixteen  years  shall  be  employed  or  permitted  to  work  in  or  in 
connection  with  any  factory  in  this  state  before  eight  o'clock  in  the  morning, 
or  after  five  o'clock  in  the  evening  of  any  day,  or  for  more  than  eight  hours 
in  any  one  day,  or  more  than  six  days  in  any  one  week. 

2.  No  male  minor  under  the  age  of  eighteen  years  shall  be  employed  or 
permitted  to  work  in  any  factory  in  this  state  more  than  six  days  or  fifty- 
four  hours  in  any  one  week,  or  for  more  than  nine  hours  in  any  one  day, 
except  as  hereinafter  provided;    nor  between  the  hours  of  twelve  midnight 
and  four  o'clock  in  the  morning. 

3.  No   female  minor   under  the   age   of   twenty-one  years   and   no   woman 
shall  be  employed  or  permitted  to  work  in  any  factory  in  this  state  more 
than  six  days  or  fifty-four  hours  in  any  one  week;   nor  for  more  than  nine 
hours   in   any   one   day   except   as   hereinafter    provided.     No    female   minor 
under  the  age  of  twenty-one  years  shall  be  employed  or  permitted  to  work 
in  any  factory  in  this  state  before  six  o'clock  in  the  morning  or  after  nine 
o'clock  in  the  evening  of  any  day.     [As  am'd  by  L.  1913,  ch.  465.] 

The  limitation  of  the  working  hours  of  women  to  fifty-four  per  week  is  constitu- 
tional :  People  ex  rel.  Hoelderlin  v.  Kane,  79  Misc.  140. 

4.  A  printed  notice,  in  a  form  which  shall  be  furnished  by  the  commis- 
sioner of  labor,  stating  the  number  of  hours  per  day  for  each  day  of  the 
week  required  of   such  persons,   and  the  time  when  such  work  shall   begin 
and  end,  shall  be  kept  posted  in   a  conspicuous  place  in  each  room  where 
they  are  employed.       But  such  persons  may  begin  their  work  after  the  time 
for  beginning  and  stop  before  the  time  for  ending  such  work,  mentioned  in 
such  notice,  but  they  shall  not  otherwise  be  employed,  permitted  or  suffered 
to  work  in  such  factory  except  as  stated  therein.     The  terms  of  such  notice 
shall  not  be  changed  after  the  beginning  of  labor  on  the  first  day  of  the 
week  without  the   consent  of  the   commissioner   of   labor.     The   presence   of 
such  persons   in  the  factory  at  any  other   hours   than   those  stated   in  the 
printed  notice,  or  if  no  such  notice  be  posted,  before  seven  o'clock  in  the 
morning   or   after   six  o'clock   in   the  evening,   shall    constitute   prima   facie 
evidence  of  a  violation  of  this  section. 

5.  In  a  factory  wherein,  owing  to  the  nature  of  the  work,  it  is  practically 
impossible  to  fix  the  hours  of  labor  weekly  in  advance  the  commissioner  of 
labor,  upon  a  proper  application  stating  facts  showing  the  necessity  therefor, 
shall  grant  a  permit  dispensing  with  the  notice  hereinbefore  required,  upon 
condition   that  the   daily   hours   of   labor  be  posted  for   the   information   of 
employees  and  that  a  time  book  in  a  form  to  be  approved  by  him,  giving  the 
names  and  addresses  of  all  female  employees  and  the  hours  worked  by  each 
of  them   in  each   day,   shall  be   properly  and  correctly   kept,  and   shall   be 
exhibited  to  him  or  any  of  his  subordinates  promptly  upon  demand.     Such 
permit  shall  be  kept  posted  in  such  place  in  such  factory  as  such  commis- 
sioner may  prescribe,  and  may  be  revoked  by  such  commissioner  at  any  time 
for  failure  to  post  it  or  the  daily  hours  of  labor  or  to  keep  or  exhibit  such 
time  book  as  herein  provided. 


LAWS  EELATIXG  TO  LABOR.  *  39 

6.  Where  a  female  or  male  minor  is  employed  in  two  or  more  factories 
or  mercantile  establishments  in  the  same  day  or  week  the  total  time  of 
employment  must  not  exceed  that  allowed  per  day  or  week  in  a  single 
factory  or  mercantile  establishment;  and  any  person  who  shall  require  or 
permit  a  female  to  work  in  a  factory  between  the  hours  of  six  o'clock  in 
the  evening  and  seven  o'clock  in  the  morning  in  violation  of  the  pro- 
visions of  this  subdivision  of  this  section,  with  or  without  knowledge  of  the 
previous  or  other  employment,  shall  be  liable  for  a  violation,  thereof.  [As 
am'd  by  L.  1912,  ch.  539.] 

The  prohibition  of  the  employment  of  women  over  21  years  of  age  between  9 
p.  M.  and  6  A.  M.  is  unconstitutional:  People  v.  Williams,  189  N.  Y.  131  (1907). 

Compare  §§  93-b,  161  and  161-a,  post. 

§  78.  Exceptions. —  1.  A  female  sixteen  years  of  age  or  upwards  and  a 
male  between  the  ages  of  sixteen  and  eighteen  may  be  employed  in  a  factory 
more  than  nine  hours  a  day:  (a)  regularly  in  not  to  exceed  five  days  a 
week,  in  order  to  make  a  short  day  or  holiday  on  one  of  the  six  working 
days  of  the  week;  (b)  irregularly  in  not  to  exceed  three  days  a  week;  pro- 
vided that  no  such  person  shall  be  required  or  permitted  to  work  more  than 
ten  hours  in  any  one  day  or  more  than  fifty-four  hours  in  any  one  week, 
and  that  the  provisions  of  the  preceding  section  as  to  notice  or  time  book 
be  fully  complied  with. 

2.  The   provisions  of  subdivision  two   of  section   seventy-seven  relating  to 
maximum  hours  shall  not  apply  to  the  employment  of  male  minors  sixteen 
years  of  age  and  upwards  in   canning  or  preserving   perishable  products   in 
fruit  and  canning  establishments  between  the  fifteenth  day  of  June  and  the 
fifteenth  day  of  October  each  year.      [Added  by  L.  1912,  ch.  539;  am'd  by  L. 
1913,  ch.  465.] 

3.  A  female  eighteen  years  of  age  or  upwards  may,  notwithstanding  the 
provisions  of   subdivision  three  of   section   seventy-seven  of  this   chapter,  be 
employed  in  canning  or  preserving  perishable  products  in  fruit  and  canning- 
establishments  between   the   fifteenth   day  of  June  and  the  fifteenth   day  of 
October  in  each  year  not  more  than  six  days  or  sixty  hours  in  any  one  week 
nor  more  than  ten  hours  in  any  one  day;  and  the  industrial  board  shall  have 
power  to  adopt  rules  and  regulations  permitting  the  employment  of  women 
eighteen   years   of   age   and   upwards   on    such   work    in   suoh    establishments 
between  the  twenty-fifth   day  of  June  and   the  fifth  day  of  August  in  each 
year  not  more  than  six  days  nor  more  than  sixty-six  hours  in  any  one  week 
nor  more  than  twelve  hours  in  any  one  day,  if  said  board  shall  find  that  such 
employment  is  required  by  the  needs  of  such  industry  and  can  be  permitted 
without  serious  injury  to  the  health  of  women  so  employed.     The  provisions 
of  this  subdivision  shall  have  no  application  unless  the  daily  hours  of  labor 
shall  be  posted  for  the  information  of  employees  and  a  time  book  in  a  form 
approved  by  the  commissioner  of  labor,  giving  the  names  and  addresses  of  all 
female  employees  and  the  hours  of  work  by  each  of  them  in  each  day  shall 
be  properly  and  correctly  kept  and  shall  be  exhibited  to  him  or  any  of  his 
subordinates   promptly  upon   demand.     No  person   shall  knowingly   make  or 
permit  or  suffer  to  be  made  a  false  entry  in  any  such  time  book.     [Added  by  L. 
1913,  ch.  465.] 

By  Regulation  No.  1  of  the  industrial  board,  adopted  June  27,  1913,  canneries 
were  granted  the  special  permission  provided  for  in  this  subdivision  for  1913,  under 
certain  restrictions  specified  in  the  regulation. 


40*  REPORT  OF  THE  COMMISSIONER  OF  LABOH,  1913. 

4.  In  a  prosecution  for  a  violation  of  any  provision  of  this  or  of  the  pre- 
ceding section  the  burden  of  proving  a  permit  or  exception  shall  be  upon 
the  party  claiming  it.  [Originally  2;  renumbered  3  by  L.  1912,  ch.  539; 
renumbered  4  by  L.  1913,  ch.  465.] 

§  79.  Elevators  and  hoistways. —  1.  Inclosure  of  shafts.  Every  hoistway, 
hatchway  or  well-hole  used  for  carrying  passengers  or  employees,  or  for 
freight  elevators,  hoisting  or  other  purpose,  shall  be  protected  on  all  sides 
at  each  floor  including  the  basement,  by  substantial  vertical  inclosures.  All 
openings  in  such  inclosures  shall  be  provided  with  self-closing  gates  not  less 
than  six  feet  high  or  with  properly  constructed  sliding  doors.  In  the  case 
of  elevators  used  for  carrying  passengers  or  employees,  such  inclosures  shall 
be  flush  with  the  hatchway  and  shall  extend  from  floor  to  ceiling  on  every 
open  side  of  the  car,  and  on  every  other  side  shall  be  at  least  six  feet  high, 
and  such  inclosures  shall  be  free  from  fixed  obstructions  on  every  open  side 
of  the  car.  In  the  case  of  freight  elevators  the  inclosures  shall  be  flush  with 
the  hoistway  on  every  open  side  of  the  car.  In  place  of  the  inclosures 
herein  required  for  freight  elevators,  every  hatchway  used  for  freight  elevator 
purposes  may  be  provided  with  trap  doors  so  constructed  as  to  form  a  sub- 
stantial floor  surface  when  closed  and  so  arranged  as  to  open  and  close  by 
the  action  of  the  car  in  its  passage  both  ascending  and  descending;  provided 
that  in  addition  to  such  trap  doors,  the  hatchway  shall  be  adequately  pro- 
tected on  all  sides  a,t  all  floors,  including  the  basement,  by  a  substantial  rail- 
ing or  other  vertical  inclosure  at  least  three  feet  in  height. 

2.  Guarding    of    elevators    and    hoistways.      All    counter-weights    of    every 
elevator  shall  be  adequately  protected  by  proper  inclosures  at  the  top  and 
bottom  of  the  run.     The  car  of  all  elevators  used  for  carrying  passengers  or 
employees  shall  be  substantially  enclosed  on  all  sides,  including  the  top,  and 
such  car  shall  at  all  times  be  properly  lighted,  artificial  illuminants  to  be 
provided  and  used  when  necessary.     The  top  of  every  freight  elevator  car 
or  platform  shall  be  provided1  with  a  substantial  grating  or  covering  for  the 
protection  of  the  operator  thereof,  in  accordance  with  such  rules  and  regula- 
tions as  may  be  adopted  with  reference  thereto  by  the  industrial  board. 

3.  Elevators    and   hoistways   in   factory    buildings   hereafter   erected.     The 
provisions  of   subdivisions  one  and  two  of  this  section   shall  apply   only  to 
factory    buildings    heretofore    erected.      In    all    factory    buildings    hereafter 
erected,  every  elevator  and  every  part  thereof  and  all  machinery  connected 
therewith  and  every  hoistway,  hatchway  and  well-hole  shall  be  so  constructed, 
guarded,  equipped,  maintained  and  operated  as  to   be   safe  for  all   persons 
using  the  same. 

4.  Maintenance  of  elevators  and  hoistways   in  all  factory  buildings.     In 
every  factory  building  heretofore  erected  or  hereafter  erected,  all  inclosures, 
doors    and   gates   of    hoistways,   hatchways   or   well-holes,    and    all   elevators 
therein  used  for  the  carrying  of  passengers  or  employees  or  freight,  and  the 
gates  and  doors  thereof  shall  at  all  times  be  kept  in  good  repair  and  in  a 
safe  condition.     All  openings  leading  to  elevators  shall  be  kept  well  lighted 
at  all  times  during  working  hours,  with  artificial  illumination  when  neces- 
sary.    The  cable,  gearing  and  other  apparatus  of  elevators  used  for  carrying 
passengers  or  employees  or  freight  shall  be  kept  in  a  safe  condition. 

5.  Powers    of    industrial    board.      The    industrial    board    shall    have   power 


LAWS  RELATING  TO  LABOR.  *  41 

to  make  rules  and  regulations  not  inconsistent  with  the  provisions  of  this 
chapter  regulating  the  construction,  guarding,  equipment,  maintenance  and 
operation  of  elevators  and  all  parts  thereof,  and  all  machinery  connected 
therewith  and  hoistways,  hatchways  and  well-holes,  in  order  to  carry  out  the 
purpose  and  intention,  vf  this  section.  [As  am'd  by  L.  1909,  ch.  299  and  L. 
1913,  ch.  202.] 

Violation  is  not  only  a  misdemeanor  (Penal  Law,  §  1275,  post),  but  readers 
master  liable  in  case  of  injury  to  employees  (§  202,  post).  The  owner  of  a  tenant 
factory  cannot  by  any  lease  escape  responsibility  for  observance  of  this  section 
(§  04,  post;  Cf.  also  note  to  §  86,  post). 

§  79-a.  Construction  of  factory  buildings  hereafter  erected.— No  factory 
shall  be  conducted  in  any  building  hereafter  erected  more  than  one  story 
in  height  unless  such  building  shall  conform  to  the  following  requirements: 

1.  All   buildings   more   than   four   stories    in   height   shall    be   of   fireproof 
construction.     The  roofs  of  all  buildings  shall  ibe  covered  with  incombustible 
material  or  shall  be  of  tar  and  slag  or  plastic  cement  supported  by  or  ap- 
plied to  arches  of  fireproof  material,  and  the  cornices  shall  be  constructed 
of    incombustible    material.     All    exterior    walls   within    twenty-five    feet    of 
any   non-fireproof   building    shall   be   not   less   than   eight    inches   thick   and 
shall  extend  three  feet  above  the  roof. 

2.  Floor   area  and  required  exits.    The  term  floor   area  as  used   in  this 
section  signifies  the  entire  space  between  fire  walls,  or  between  a  fire  wall 
and  an  exterior  wall  of  a   building,   or  between  the   exterior  walls   of   the 
building   where   there    is   no   intervening   fire   wall.     From   every   floor    area 
there  shall  be  not  less  than  two  means  of  exit  remote  from  each  othev    one 
of  which  on  every  floor  above  the  ground  floor  shall  be  an  interior  enclosed 
fireproof  stairway  or  an  exterior  enclosed  fireproof  stairway,  and  the  other 
shall  be  such  a  stairway  or  a  horizontal  exit.     No  point  in  any  floor  area 
shall  be  more  than  one  hundred  feet  distant  from  the  entrance  to  one  such 
means  of  exit.     Whenever  any  floor  area  exceeds  five  thousand  square  feet 
there  shall  <be  provided  at  least  one  additional  means  of  exit  as  hereinbefore 
described  for  each   five   thousand  square  feet  or   part  thereof  in  excess   of 
five  thousand  square  feet.     In  every  building  over  one  hundred  feet  in  height 
there  shall  be  at  least  one  exterior  enclosed  fireproof  stairway  which  shall 
be  accessible  from  any  point  in  the  building. 

3.  Stairways.     All  stairways  shall  be  constructed  of  incombustible  material 
and  shall  have  an  unobstructed  width  of  at  least  forty-four  inches  through- 
out their  length,  except  that  hand  rails  may  project  not  more  than  three 
and  one-half  inches  into  such  width.     There  shall  be  not  more  than  twelve 
feet  six  inches  in  height  between  successive  landings.     The  treads  shall  be 
not  less  than  ten  inches  wide  exclusive  of  nosing,  and  the  rise  shall  be  not 
more   than  seven   and   three-fourths    inches.     No. stairway   with   "winders" 
shall   be   allowed   except   as   a   connection   from  one   floor   to   another.     The 
treads  shall  be  constructed  and  maintained  in  such  manner  as  to  prevent 
persons    from   slipping   thereon.     Every    stairway    shall    be    enclosed    on   all 
sides  by  fireproof  partitions  extending  continuously   from  the  lowest  story 
to  which  such  stairway  extends  to  three  feet  above  the  roof  and  the  roof 
of   the   enclosure   shall    be    constructed   of   fireproof   material    at   least   four 
inches  thick  with   a  skylight  at  least  three-fourths   the  area   of   the  shaft. 
All  stairways   serving   as   required  means  of  exit  shall  extend  to  the  roof 


42  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

and  shall  lead  continuously  to  the  street  or  to  a  fireproof  passageway 
independent  of  other  means  of  exit  from  the  building,  opening  on  a  road  or 
street,  or  to  an  open  area  affording  unobstructed  passage  to  a  road  or  street. 
All  stairways  that  extend  to  the  top  story  shall  be  continued  to  the  roof. 
Provision  shall  be  made  for  the  adequate  lighting  of  all  stairways  by 
artificial  light. 

4.  Doors    and    doorways.      All    doors    shall    open    outwardly.      The    width 
of   the   hallways   and   exit   doors   leading  to   the    street,    at    the    street-level, 
shall  be  not  less  than  the  aggregate  width  of  all  stairways  leading  to  them. 
Every  door  leading  to  or  opening  on  a  stairway  shall  have  an  unobstructed 
width  of  at  least  forty-four  inches. 

5.  Partitions.     All  partitions  in  the  interior  of  buildings  of  fireproof  con- 
struction shall  be  of  incombustible  material. 

6.  Openings   to   be   enclosed.     All    elevator    and   dumb-waiter    shafts,   vent 
and    light    shafts,    pipe    and    duct    shafts,    hoistways    and    all    other   vertical 
openings    leading    from   one    floor   to    another    shall    be    enclosed    throughout 
their   height   on   all  sides  by   enclosures   of   fireproof   material.     Every    such 
enclosure  shall  have  a  roof  of  fireproof  material  and  if  the  enclosure  extends 
to  the  top  story  it  shall  be  continued  to  three  feet  above  the  roof  of  the 
building   and   shall   have   at  the   top   a   skylight   in   a   metal   frame  at  least 
three-fourths  of  the  area  of  the  shaft  or  exterior  window  with  metal  frame 
and  sash.     The  bottom  of  the  enclosure  shall  be  of  fireproof  material  unless 
the  opening  extends  to  the  cellar  bottom.     All  openings   in  such  enclosures 
shall  be  provided  with  fireproof  doors,  except  that  openings  in  the  enclosures 
of  vent   and   light   shafts   shall   be   provided  either   with   fireproof   doors   or 
with  windows  having  metal  frames  and  sash  and  wired  glass  where  glass 
is  used.     [Added  ly  L.  1913,  ch.  461.] 

By  §  351  of  the  Insurance  Law  it  is  made  the  duty  of  the  state  fire  marshal  to 
enforce  all  laws  relating  to  exits  from  factories  outside  of  New  York  City.  Similar 
duties  in  New  York  City  are  by  §  774  of  the  charter  laid  upon  the  fire  commissioner. 

§  79-b.  Requirements  for  existing  buildings. —  Xo  factory  shall  be  con- 
ducted in  any  building  heretofore  erected  unless  such  building  shall  con- 
form to  the  following  requirements : 

1.  Eequired  exits.  Every  building  over  two  stories  in  height  shall  be 
provided  on  each  floor  with  at  least  two  means  of  exit  or  escape  from  fire,  re- 
mote from  each  other,  one  of  which  on  every  floor  above  the  ground  floor  shall 
lead  to  or  open  on  an  interior  stairway  which  in  buildings  over  four  stories 
in  height  shall  be  enclosed  as  hereinafter  provided,  or  to  an  exterior  en- 
closed fireproof  stairway.  The  other  shall  lead  to  such  a  stairway;  or  to 
a  horizontal  exit;  or  to  an  exterior  screened  stairway;  or  when,  in  the 
opinion  of  the  industrial  board  the  safety  of  the  occupants  of  the  building 
would  not  be  endangered  thereby,  to  fire-escapes  on  the  outside  of  the  build- 
ing. Xo  point  on  any  floor  of  such  factory  shall  be  more  than  one  hundred 
feet  distant  from  the  entrance  to  one  such  means  of  exit.  Whenever 
egress  may  be  had  from  the  roof  to  an  adjoining  or  near-by  structure,  every 
stairway  serving  as  a  required  means  of  exit  shall  be  extended  to  the  roof. 
All  such  stairways  shall  extend  to  the  first  story  and  lead  to  the  street,  or 
to  an  unobstructed  passageway  leading  to  a  street  or  road  or  to  an  open 
area  affording  safe  passage  to  a  street  or  road. 


LAWS  RELATING  TO  LABOR.  *  43 

2.  Stairway  enclosures.     All  interior  stairways  serving  as  required  means 
of  exit  in  buildings  more  than  four  stories  in  height  and  the  landings,  plat- 
forms  and   passageways   connected  therewith   shall   be   enclosed   on   all   sides 
by  partitions  of  fire  resisting  material  extending  continuously  from  the  base- 
ment.    Where  the  stairway   extends  to   the  top   floor   of  the   building  such 
partitions  shall  extend  to  three  feet  above  the  roof.     All  openings  in  such 
partitions  shall  be   provided  with   self  closing  doors   constructed   of   fire  re- 
sisting material  except  where  such  openings  are  in  the  exterior  wall  of  the 
building.      All    such    partitions    and    the    doors    provided    for    the    openings 
therein  shall  be  constructed  in  such  manner  as  the  industrial  board  may  pre- 
scribe by  its  rules  and  regulations.     Whenever,  in  the  case  of  any  existing 
buildings  not  over  six  stories  in  height,  the  industrial  board  shall  find  that 
the    requirements    of    this    and    the    last    preceding    subdivision    relating    to 
stairway  enclosures  can  be  dispensed  with  or  modified  without  endangering 
the  safety  of  persons  employed  in  such  buildings,  the  industrial  board  shall 
have  power  to  adopt  such  rules  and  regulations  as  may,  in  its  opinion,  meet 
the  conditions  existing  in  such  buildings,  \vhich  rules  and  regulations  may 
make  said  requirements  inapplicable  or  modify  the  same  in  such  manner  as 
it  may  find  to  be  adapted  to  securing  the  safety  of  persons  employed  therein. 
The  industrial  board  shall  have  power  to  adopt  rules  and  regulations  per- 
mitting, under  conditions  therein  prescribed,  as  a  substitute  for  the  stair- 
way enclosures  herein  required  the  use  of  partitions  heretofore  constructed 
in  such  manner  and  of  such  fire  resisting  material  as  have  heretofore  been 
approved  by   the  local  authorities  exercis-ing  supervision  over  the  construc- 
tion  and   alteration    of   buildings.      In   such   cases,    however,   every   opening 
in  the  enclosing  partitions  shall  be  provided  with  fire  doors. 

By  Regulation  No.  2  of  the  industrial  board,  adopted  August  28,  the  require- 
ment of  flreproofing  inclosure  of  interior  stairways  was  extended  to  factories  less 
than  five  stories  in  height,  except  such  as  have  exterior  enclosed  fireproof  stair- 
ways or  horizontal  exits  as  specified  io  §  79-f,  or  such  as  a-re  equipped  with  auto- 
matic sprinklers  if  not  more  than  80  persons  are  employed  above  the  ground  floor. 
Regulation  No.  2  of  same  date  prohibits  storage  of  combustible  materials  in  any 
stairway  enclosure  or  stairway  or  landings  or  passages  connected  therewith,  or 
under  any  stairway  unless  the  latter  be  fireproof. 

3.  Doors.     Where  five  or  more  persons  are   employed   on  any   floor   of  a 
factory  building  every  door  on  such  floor  leading  to  or  opening  on  any  means 
of  exit  shall  open  outwardly  or  be  double  swinging  doors.     All  exit  doors  in 
the  first  story,  including  the  doors  of  the  vestibule,  shall  open  outwardly. 

4.  Fire-escapes.     All  outside  fire-escapes  shall   be  constructed  of  wrought 
iron  or  steel  and  shall  be  so  designed,  constructed  and  erected  as  to  safely 
sustain  on  all  platforms,  balconies  and  stairways  a  live  4oad  of  not  less  than 
ninety  pounds  per  square  foot  with  a  factor  of  safety  of  four.     Wherever 
practicable,  a  continuous  run  or  straight  run  stairway  shall  be  used.     On 
every  floor  above  the  first  there  shall  be  balconies  or  landings  embracing  one 
or  more  easily  accessible  and  unobstructed  openings  at  each  floor  level,  con- 
nected with  each  other  and  with  the  ground  by  means  of  a  stairway  con- 
structed as  hereinafter  provided  and  well  fastened  and  secured.     All  open- 
ings leading  to  outside   fire-escapes  shall  have  an  unobstructed  width  of  at 
least  two  feet  and  an  unobstructed  height  of  at  least  six  feet  and  shall  extend 
to  the  floor  level  or  within  six  inches  thereof,  and  shall  be  not  more  than 


44*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

seven  inches  above  the  floor  of  the  fire-escape  balcony.  Such  openings  shall 
have  metal  frames  and  be  provided  with  doors  constructed  of  fireproof 
material  with  wired  glass  where  glass  is  used.  All  windows  opening  upon 
the  course  of  the  fire-escape  shall  be  fireproof  windows.  The  balconies  shall 
have  an  unobstructed  width  of  at  least  four  feet  throughout  their  length  and 
shall  have  a  landing  not  less  than  twenty-four  inches  square  at  the  head 
of  every  stairway.  There  shall  be  a  passageway  between  the  stairway  opening 
and  the  side  of  the  building  at  least  eighteen  inches  wide  throughout  except 
where  the  stairways  reach  and  leave  the  balconies  at  the  ends  or  where  double 
run  stairways  are  used.  The  stairway  opening  of  the  balconies  shall  be  of  a 
size  sufficient  to  provide  clear  headway  and  shall  be  guarded  on  the  long 
side  by  an  iron  railing  not  less  than  three  feet  in  height.  Each  balcony 
shall  be  surrounded  by  an  iron  railing  not  less  than  three  feet  in  height 
thoroughly  and  properly  braced.  The  balconies  shall  be  connected  by  stair- 
ways not  less  than  twenty-two  inches  wide  placed  at  an  incline  of  not  more 
than  forty-five  degrees,  with  steps  of  not  less  than  eight-inch  tread  and  not 
over  eight-inch  rise  and  provided  with  a  hand-rail  not  less  than  three  feet  in 
height.  The  treads  of  such  stairways  shall  be  so  constructed  as  to  sustain 
a  live  load  of  four  hundred  pounds  per  step  with  a  factor  of  safety  of  four. 
There  shall  be  a  similar  stairway  from  the  top  floor  balcony  to  the  roof, 
except  where  the  fire-escape  is  erected  on  the  front  of  the  building.  A  simi- 
lar stairway  shall  also  be  provided  from  the  lowest  balcony  to  a  safe  land- 
ing place  beneath,  which  stairway  shall:  remain  down  permanently  or  be 
arranged  to  swing  up  and  down  automatically  by  counterbalancing  weights. 
When  not  erected  on  the  front  of  the  building,  safe  and  unobstructed  egress 
shall  be  provided  from  the  foot  of  the  fire-escape  by  means  of  an  open  court 
or  courts  or  a  fireproof  passageway  having  an  unobstructed  width  of  at  least 
three  feet  throughout  leading  to  the  street,  or  by  n>eans  of  an  open  area  hav- 
ing communication  with  the  street;  such  fireproof  passageway  shall  be  ade- 
quately lighted  at  all  times  and  the  lights  shall  be  so  arranged  as  to  ensure 
their  reliable  operation  when  through  accident  or  other  cause  the  regular 
factory  lighting  is  extinguished. 

5.  The  provisions  of  subdivision  four  shall  not  apply  where  at  the  time 
this  act  takes  effect  there  are  outside  fire-escapes  with  balconies  011  each  floor 
of  the  building  connected  with  stairways  placed  at  an  angle  of  not  more  than 
sixty  degrees,  provided  that  such  existing  outside  fire-escapes  have  or  shall 
be  provided  with  the  following: 

A  stairway  leading  from  the  top  floor  balcony  to  the  roof,  except  where 
the  fire-escapes  are  erected  on  the  front  of  the  building;  a  stairway  not  less 
than  twenty-two  inches  wide  from  the  lowest  balcony  to  a  safe  landing  place 
beneath,  which  stairway  remains  down  permanently  or  is  arranged  to  swing 
up  and  down  by  counter-balancing  weights;  a  safe  and  unobstructed  exit  to 
the  street  from*  the  foot  of  such  fire-escapes  as  provided  in  subdivision  four 
hereof;  steps  connecting  the  sill  of  every  opening  leading  to  the  fire-escapes 
with  the  floor  whenever  such  sill  is  more  than  three  feet  above  the  floor  level; 
and  all  openings  leading  to  the  fire-escapes  provided  w4th  windows  having 
metal  frames  and  sash  and  with  wired  glass  where  glass  is  used,  or  with 
doors  constructed  in  accordance  with  the  requirements  of  subdivision  four; 


LAWS  RELATING  TO  LABOR.  *  45 

and  all  windows  opening  upon  the  course  of  the  fire-escape  provided  with 
fireproof  windows.  [Added  by  L.  1913,  ch.  461.] 

Penalty  for  non-compliance:  see  Penal  Law,  §  1275.  Liability:  see  §  202,  po^t. 
In  a  tenant-factory  the  owner  alone  is  responsible  for  observance  of  this  section 
(§  94,  post). 

By  §  351  of  the  Insurance  Law  it  is  made  the  duty  of  the  state  fire  mar- 
shal to  enforce  all  laws  relating  to  fire  escapes  outside  of  New  York  City.  Prior 
to  1911  jurisdiction  over  the  subject  of  fire  escapes  in  New  York  City  was  vested 
exclusively  in  the  local  superintendent  of  buildings :  City  of  New  York  v.  Trustees 
of  Sailors'  Snug  Harbor,  85  App.  Div.  355 ;  aff'd,  180  N.  Y.  527.  See  also 
opinion  of  the  Attorney-General,  January  10,  1904.  An  amendment  of  the  New 
York  City  charter*  of  1911  (adding  §§  774  to  778-c)  makes  it  the  duty  of  the 
fire  commissioner  ta  enforce  laws  concerning  the  means  of  exit  from  factories. 

§  79-c.  Additional  requirements  common  to  buildings  heretofore  and  here- 
after erected. —  Xo  factory  shall  be  conducted  in  any  building  unless  such 
bufflding  shall  be  so  constructed,  equipped  and  maintained  in  all  respects 
as  to  afford  adequate  protection  against  fire  to  all  persons  employed  therein, 
nor  unless,  in  addition  to  the  requirements  of  section  seventy-nine-a  in  the 
case  of  a  building  hereafter  erected  or  of  section  seventy-nine-b  in  the  case 
of  a  building  heretofore  erected,  such  building  shall  conform  to  the  following 
requirements : 

1.  Stairways.     Stairways   shall  be  provided   with   proper   and  substantial 
hand-rails-.    Where  the  stairway  is  enclosed  by  fireproof  partitions  the  bottom 
of  the  enclosure  shall  be  of  fireproof  material  at  least  four  inches  thick  unless 
the  fireproof  partitions  extend-  to  the  cellar  bottom.    All  stairways  that  extend 
to  th'e  top  story  shall  be  continued  to  the  roof. 

2.  Doors   and  windows.     No  door,  window  or  other  opening  on  any  floor 
of  a  factory  building  shall  be  obstructed  by  stationary  metal  bars,  grating 
or  wire  mesh.    Metal  bars,  grating  or  wire  mesh  provided  for  any  such  door, 
window  or  other  opening  shall  be  so  constructed*  as  to  be  readily  movable 
or  removable  from  both  sides  in  such  manner  as*  to  afford  the  free  and  un- 
obstructed use  of  such  door,  window  or  other  opening  as  a  means  of  egress 
in  case  of  need  and  they  shall  be  left  unlocked  during  working  hours.     Every 
door  opening  on  a  stairway  or  other  means  of  exit  shall  so  open  as  not  to 
obstruct  the  passageway.     A  clearly  painted  sign  marked  "  exit  "  in  letters 
not   less   than   eight   inches   in   height  shall  be  placed  over  all  exits  leading 
to  stairways  and  other  means  of  egress,  and  in  addition  a  red  light  shall  be 
placed  over  all  such  exits  for  use  in  time  of  darkness. 

3.  Access  to  exits.    There  shall  at  all  times  be  maintained  continuous,  safe, 
unobstructed  passageways  on  each  floor  of  the  building,  with  an  unobstructed 
width  of  at  least  three  feet  throughout  their  length  leading  directly  to  every 
intan?  of  egress,  including  outside  fire-escapes  and  passenger  elevators.     All 
means  of  egress  shall  -be  maintained  in  an  unobstructed  condition.     Xo  door 
leading  into  or  out  of  any  factory  or  any  floor  thereof  shall  be  locked,  bolted 
or  fastened  during  wrorking  hours. 

4.  Regulation  by  industrial  board.     The  industrial  board  shall  have  power 
to  adopt  rules  and  regulations  and  establish  requirements  and  standards  for 
construction,  equipment  and  maintenance  of  factory  buildings  or  of  particular 
classes  of  factory  buildings  and  the  means  and  adequacy  of  exit  therefrom 
in  order  to  carry  out  the  purposes*  of  this  chapter  in  addition  to  the  require- 
ments of  this  section  and  of  sections  seventy-nine-a  and  seventy-nine-b,  and 
not  inconsistent  therewith.  [Added  by  L.  1913,  ch,  461.] 


46*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,   1913. 

§  79-d.  Effect  of  foregoing  provisions;  inspection  of  buildings  and  approval 
of  plans. —  1.  Effect  of  foregoing  provisions.  The  requirements  of  sections 
seventy-nine-a,  seventy-nine-b  and  seventy-nine-c  are  not  in  substitution  for 
the  requirements  of  any  general  or  special  law  or  local  ordinance  relating  to 
the  construction,  equipment  or  maintenance  of  buildings,  but  the  provisions 
of  such  general  and  special  laws  and:  local  ordinances  shall  be  observed  as 
well  as  the  provisions  of-  said  sections.  The  provisions  of  sections  seventy- 
nine-a,  seventy-nine-b  and  seventy-nine-c  shall  supersede  all  provisions  incon- 
sistent therewith  in  any  special  law  or  local  ordinance,  and  any  provision  of 
law  or  ordinance  which  gives  power  to  any  officer  to  establish  requirements 
inconsistent  with  the  provisions  of  such  sections  or  the  rules  and  regulations 
adopted  by  the  industrial  board  under  the  provisions  of  this  article. 

2.  Inspection  of  buildings.     The  officer  of  any  city,  village  or  town  having 
power  to  inspect  build-ings  therein  for  the  purpose  of  determining  their  con- 
formity to  the  requirements  of  law  or  ordinance  governing  the  construction 
thereof,  shall,  whenever  requested  by  the  commissioner  of  labor,  inspect  any 
factory  building  therein  and  certify  to  the  commissioner  of  labor  in  detail 
whether  or  not  such  building  conforms. to  the  requirements'  of  this  chapter 
and  the  rules  and  regulations  of  the  industrial  board,  and  such  certificate 
shall  be  filed  in  the  office  of  the  commissioner  of  labor  and  shall  be  presump- 
tive evidence  of  the  truth  of  the  matters  therein  stated. 

3.  Approval  of  plans.     Before  construction  or  alteration  of  a  building  in 
which  it  is  intended  to  conduct  one  or  more  factories,  the  plans  and  speci- 
fications for  such  construction  or  alteration  may  be  submitted  to  the  commis- 
sioner of  labor  and  filed  in  his  office  in.  such  form  and  with  such  information 
as  may  be  required  by  him  or  by  the  rules  and  regulations  of  the  industrial 
board,   and   if   such   plans   and?  specifications   comply   with  the   requirements 
of  this  chapter  and  the  rules  and  regulations  of  the  industrial  board,  he  shall 
issue  his  certificate  approving  the  same,  which  certificate  shall  bear  the  date 
when  issued.     Whenever  any  certificate  shall  be  issued?  by  the  commissioner 
of  labor  under  this  section  the  particulars  of  such  certificate  shall  be  recorded 
and  indexed  in  the  records  of  his  office.     Before  issuing  any  such  certificate 
the  commissioner  of  labor  may  request  the  officer  of  the  city,  village  or  town 
in  which  such  building  is  located  having  power  to  examine  and  pass  upon 
plans  for  construction  of  buildings  with  reference  to  their  conformity  to  the 
requirements    of    law   or    ordinance    governing    the    construction    thereof,    to 
examine  such  plans  and  specifications  and  to  certify  to  the  commissioner  of 
labor  whether  or  not  such  plans  and  specifications  conform  to  the  require- 
ments of  this  chapter  and  the  rules  and  regulations  of  the  industrial  board, 
and  such  officer  shall  thereupon  make  such  examination  and  so   certify   in 
detail  to  the  commissioner  of  labor  and  such  certificate  shall  be  filed  in  the 
office  of  the  commissioner  of  labor  and  shall  be  presumptive  evidence  of  the 
truth  of  the  matters  therein  stated. 

4.  Certificate  of  compliance.     After  such   construction   or  alteration  shall 
be  completed,  the  commissioner  of  labor  shall,  when  requested  by  the  owner 
or  person  filing  such  plans,  ascertain  by  inspection  or  in  the  manner  provided 
in   subdivision  two  of   this  section,   whether   such   building   conforms   to   the 
requirements  of  this  chapter  and  the  rules  and  regulations  of  the  industrial 
board;  and  if  he  finds  that  it  does"  conform  thereto,  shall  issue  his  certificate 


LAWS  KELATING  TO  LABOR.  *41j 

to  that  effect,  which  shall  bear  the  date  when  issued.     [Added  by  L.  1913,  c7i. 
461.] 

§  79-e.  Limitation  of  number  of  occupants. —  The  number  of  persons  who 
may  occupy  any  factory  building  or  portion  thereof  above  the  ground  floor 
shall  be  limited  to  such  a  number  as  can  safely  escape  from  such  building 
by  the  means  of  exit  provided  in  the  building. 

1.  In  buildings  hereafter  erected  no  more  than  fourteen  persons  shall  be 
employed  or  permitted  or   suffered  to  work  on  any  one  floor  for  every  full 
twenty-two  inches  in  width  of  stairway  conforming  to  the  requirements  for 
a  required  means  of  exit  except  as  to  extension  to  the  roof,  provided  for  such 
floor.    Xo  allowance  shall?  be  made  for  any  excess  in  width  of  less  than  twenty- 
two  inches. 

2.  In  buildings  heretofore  erected  no  more  than  fourteen  persons  shall  be 
employed  or  permitted  or  suffered  to  work  on  any  one  floor  for  every  eighteen 
inches  in  width-  of  stairway  provided  for  such  floor  and  conforming  to  the 
requirements  for  a  required  means  of  exit  except  as  to  extension  to  the  roof, 
and   for   any.  excess   in  width   of   less  than   eighteen   inches   a   proportionate 
increase  in  the  number  of  occupants  shall  be  allowed.     Where  the  industrial 
board  shall  find  that  the  safety  of  the  occupants  of  any  such  building  will  not 
be  endangered  thereby,  it  may  allow  an  increase  in  the  number  of  occupants 
of  any  floor  in  such  building  to  a  number  not  greater  than  at  the  rate  of 
twenty  persons  for  every  eighteen  inches  in  width  of  such  stairway  provided 
for  such  floor,  with  a  proportionate  increase  in  the  number  of  occupants  for 
any  excess  in  width  of  less  than  eighteen  inches. 

3.  In   any  building   for   every   additional   sixteen   inches   over   ten   feet   in 
height  between  two  floors,  one  additional  person  may  be  employed  on  the  upper 
of  such  floors  for  every  eighteen  inches  in  width  of  stairway  leading  therefrom 
to  the  lower  of  such  floors  in  buildings  heretofore  erected,  and  one  for  every 
twenty-two  inches  in  width  of  such  stairway  in  buildings  hereafter  erected, 
provided  that  such  stairways  conform  to  the  requirements  for  required  means 
of  exit  except  as  to  extension  to  the  roof. 

4.  In    any   building,    if    any    stairway    has    steps    of    the    type    known    as 
"  winders,"   a   deduction  of  ten  per  centum  shall  be  made   in  counting  the 
capacity  of  such  stairway. 

5.  In  any  building  where  the  stairways  and  stairhalls  are  enclosed  in  fire- 
proof  partitions  or  where,  at  the  time  this  act  takes  effect,   the  stairways 
and  stairhalls  are  enclosed  in  partitions  of  brick,  concrete,  terra-cotta  blocks 
or   reinforced  concrete  constructed   in  a  manner   heretofore   approved  by  the 
superintendent  of  buildings  of  the  city  of  New  York  having  jurisdiction  if  in' 
such  city,  or  elsewhere  in  the  state,   in   a  manner   conforming  to  the  rules 
and  regulations  to  be  adopted  by  the  industrial  board  under  the  provisions 
of  subdivision  two  of  section  seventy -nine-b,  all  openings  in  which  enclosing 
partitions  are  or  shall  hereafter  be  provided  with  fireproof  doors,  in  either 
of  such  cases  so  many  additional  persons  may  be  employed  on  any  floor  as 
can  occupy  the  enclosed  stairhall  or  halls  on  that  floor,  allowing  five  square 
feet  of  unobstructed  floor  space  per  person. 

6.  In  any  building  where  a  horizontal  exit  is  provided  on  any  floor  such 
number  of  persons  may  be  employed  on  such  floor  as  can  occupy  the  smaller 
of  the  two  spaces  on  such  floor  on  either  side  of  the  fireproof  partitions  or 


48*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

fire  walls/  or  as  can  occupy  .the  floor  of  an  adjoining  or  near-by  building 
which  is  connected  with  such  floor  by  openings  in  the  wall  or  walls  between 
the  buildings  or  by  exterior  balconies  or  bridges,  in  addition  to  the  occupants 
of  such  connected  floor  in  such  adjoining  or  near-by  building,  allowing  five 
square  feet  of  unobstructed  floor  space  per  person,  provided  that  the  par- 
titions or  walls  or  balconies  through  which  the  horizontal  exit  is  provided 
to  such  other  portion  of  the  same  building  or  to  such  adjoining  or  near-by1 
building  shall  have  doorways  of  sufficient  width  to  allow  eighteen  inches  in 
width  of  opening  for  each  fifty  persons  or  fraction  thereof  so  permitted  to 
be  employed  on  such  floor  in  the  case  of  horizontal  exits  heretofore  constructed 
and  twenty-two  inches  in  the  case  of  horizontal  exits  hereafter  constructed. 

7.  In  any  building  heretofore  erected  of  fireproof  construction,  where  any 
floor  is  subdivided  by  partitions  of  brick,  terra  cotta  or  concrete  not  less  than 
four  inches  thick  extending  continuously  from  the  fireproofing  of  the  floor  to 
the  underside*  of  the*  fireproofing  of  the  floor  above,  with  all  openings  protected 
by  fireproof  doors  not  less  than  forty-four  inches  nor  more  than  sixty-six  inches 
in  width,  and  in  which  all  the  windows  on  such  floor  and  on  the  two  floors 
directly  underneath  are  fireproof  windows,  such  number  of  persons-  may  be  em- 
ployed on  such  floor  as  can  occupy  the  smaller  of  the  two  spaces  on  either  side 
of  such  partitions,  allowing  five  square  feet  of  unobstructed  floor  space  per 
person,  provided  there  shall  be  on  each  side  of  said  partitions  at  least  one  stair- 
way conforming  to  the  requirements  for  a  required  means  of  exit;   and  pro- 
vided further  that  such  partitions  have  doorways  of  sufficient  width  to  allow 
eighteen  inches  in  width  of  openings  for  each  fifty  persons  or  fraction  thereof 
so  permitted  to  occupy  such  floor,  and  that  such  doorways  shall  be  kept  un- 
locked and  unobstructed  during  working  hours.     The  provisions  of  this  sub- 
division shall  apply  to  any  fireproof  building  heretofore  erected  which  may 
hereafter  be  made  to  conform-  to  the  requirements  of  this  section. 

8.  In  any  building  the  number  of  persons  permitted  to  be  employed  on  any 
one  floor  under  the  provisions  of  subdivisions  one,  two  and  three  of  this  sec- 
tion may  be  increased  fifty  per  centum  where  there  is  constructed,  installed 
and  maintained  throughout  the  building  an  automatic  sprinkler  system  con- 
forming to  the  requirements  of  section  eighty-three-b  of  this  chapter  and  to 
the  rules  and  regulations  of  the  industrial  board. 

9.  In  any  building,  the  number  of  persons  who  may  be  employed  on  any 
one  floor  shall  in  no  event  exceed  such  number  as  can  occupy  such  floor,  allow- 
ing thirty-six  square  feet  of  floor  space  per  person  if  the  building  is  not  of 
fireproof  construction,  and  thirty-two  square  feet  of  floor  space  per  person  if 
the  building  is  of  fireproof  construction. 

10.  Where  one  floor   is  occupied  by  more  than  one  tenant,  the  industrial 
board  shall  have  power  to  make  rules  and  regulations  prescribing  how  many 
of  the  persons  allowed  to  occupy  such  floor  under  the  provisions*  of  this  section 
may  occupy  the  space  of  each  tenant. 

11.  Posting.     In   every   factory,   two   stories  or   over   in   height,   the  com- 
missioner of  labor  shall  cause  to  be  posted  notices  specifying  the  number  of 
persons  that  may  occupy  each  floor  thereof  in  accordance  with  the  provisions; 
of  this  section.     Every  such  notice  shall  be  posted  in  a  conspicuous  place  in 
every  stairhall  and  workroom.     If  any  one  floor  is  occupied  by  more  than  one 
tenant,  such  notices  shall  be  posted  in  the  space  occupied  by  each  tenant,  and 


LAWS  RELATING  TO   LABOR.  *  49 

shall  state  the  number  of  persons  that  may  occupy  such  space.  Every  such 
notice  shall  bear  the  date  when  posted.  [Added  by  L.  1913,  ch.  461.] 

§  79-f.  Meaning  of  terms.— The  following  terms  when  used  in  this  article 
shall  have  the  following  meaning: 

1.  Fireproof  construction.     A  building  shall  be  deemed  to  be  of  fireproof 
construction   if  it  conforms  to  the   following  requirements:      All  walls  con- 
structed of  brick,  stone,  concrete  or  terra-cotta ;  all  floors  and  roofs  of  brick, 
terra-cotta,  or  reinforced  concrete  placed  between  steel  or  reinforced  concrete 
beams  and  girders;  all  the  steel  entering  into  the  structural  parts  encased  in 
at  least  two  inches  of  fireproof  material,  excepting  the  wall  columns,  which 

.must  be  encased  in  at  least  eight  inches  of  masonry  on  the  outside  and  four 
inches  on  the  inside;  all  stairwells,  elevator  wells,  public  hallways  and  cor- 
ridors enclosed  by  fireproof  partitions;  all  doors,  fireproof;  all  stairways, 
landings,  hallways  and  other  floor  surfaces  of  incombustible  material;  no 
woodwork  or  other  combustible  material  used  in  any  partition,  furring,  ceil- 
ing or  floor;  and  all  window  frames,  doors  and  sash,  trim  and  other  interior 
finish  of  incombustible  material;  all  windows  shall  be  fireproof  windows 
except  that  in  buildings  under  seventy  feet  in-  height  fireproof  windows  are 
required  only  when  within  thirty  feet  of  another  building  or  opening  on  a 
court  or  space  less  than  thirty  feet  wide;  except  that  in  buildings  under  one 
hundred  feet  in  height  there  may  be  wooden,  sleepers  and  floor  finish  and 
wooden  trim,  and  except  that  in  buildings  under  one  hundred  and  fifty  feet 
in  height  heretofore  constructed  there  may  be  wooden  sleepers,  floor  finish  and 
trim  and  the  windows  need  not  be  fireproof  windows,  excepting  when  such 
windows  are  within  thirty  feet  of  another  building. 

2.  Fireproof  material  is  material  which  is  incombustible  and  is  capable  of 
resisting  the  effect  of  fire  in  such  manner  and  to  such  extent  as  to  insure 
the  safety  of  the  occupants  of  the  building.     The  industrial  board  shall  deter- 
mine and  in  its  rules  and  regulations  shall  specify  what  materials  are  fire- 
proof materials  within  the  meaning  hereof.     The  industrial  board  shall  also 
determine  and  in  its  rules  and  regulations  shall  specify  what  materials,  not 
being  fireproof  materials  within  the  meaning  hereof,  are  fire  resisting  mate- 
rials.   Fire  resisting  material,  when  required  by  any  of  the  provisions  of  this 
chapter,  shall  conform  to  requirements  of  such  rules  and  regulations. 

3.  Incombustible    material    is    material   which    will    not   burn    or    support 
combustion. 

4.  A  fire  wall  is  a  wall  constructed  of  brick,  concrete,  terra-cotta  blocks 
or   reinforced   stone  concrete,   and   having   at   each-  floor    level   one  or   more 
openings  each  protected  by  fire  doors  so  constructed  as  to  prevent  the  spread 
of  fire  or  smoke  through  the  openings.     In  buildings  of  nonfireproof  construc- 
tion fire  walls  shall  be  at  least  twelve  inches  in  thickness  and  shall  extend 
continuously  front  the  cellar  floor  through  the  entire   building  and  at  least 
three  feet  over  the  roof  and  be  coped;   except  that  walls  heretofore  erected 
not   less   than  eight   inches   in   thickness,   but  otherwise   conforming   to   the 
requirements   of   this   subdivision   shall  be   considered   fire  walls   writhin  the 
meaning  of  tl>is   subdivision.     No  opening  in   such  wall  shall  exceed  sixty- 
six  inches  in  width-  or  sixty  square  feet  in  area,  except  that  where  openings 
not  exceeding  eight  feet  in  width  exist  in  fire  walls  heretofore  erected,  such 
walls  may  be  considered  fire  walls  within  the  meaning  of  this  subdivision, 


50*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

and  in  the  case  of  fire  walls  hereafter  constructed  no  two  openings  in  the 
same  wall  and  at  the  same  floor  level  shall  be  nearer  than  forty  feet  from 
the  center  of  one  opening  to  the  center  of  another.  Every  opening  in  a  fire 
wall  shall  be  protected  by  a  fire  door  closing  automatically  on  each  side  of 
the  wall.  At  every  opening  in  the  fire  wall  there  shall  be  an  incombustible 
floor  finish  extending  over  the  floor  for  the  full  thickness  of  the  wall  so  as 
to  completely  separate  the  woodwork  of  the  floors  on  each  side  of  the  fire 
Avail.  In  fireproof  buildings  the  fire  walls  shall  comply  with  the  foregoing 
requirements  in  all  respects  excepting  that  they  may  be  of  the  thickness 
required  by  the  provisions  of  this  section  with  respect  to  fireproof  partitions; 
such  fire  walls  and  fireproof  partitions  shall  be  continuous,  from  the  cellar 
floor  to  the  under  side  of  the  fireproof  roof. 

5.  Fireproof  partitions  shall  be  built  of  brick,  concrete,  reinforced  concrete 
or  terra  cotta  blocks.     When  built  of  brick  or  concrete  they  shall  be  not  less 
than  eight   inches   in  thickness  for  the  uppermost  forty   feet,   and   shall   in- 
crease four  inches  in  thickness  for  each  additional  lower  forty  feet  or  part 
thereof;   or,  when  wholly  supported'  by  suitable  steel  framing  at  vertical  in- 
tervals of  not  over  forty  feet,  they  may  be  eight  inches  in  thickness  through- 
out their  entire  height.     When  wholly  supported  at  vertical  intervals  of  not 
over  twenty-five  feet,  and  built  of  terra  cotta  blocks,  they  shall  be  not  less 
than  six  inches  in  thickness  and  when  so  supported  and  built  of  reinforced 
stone  concrete,  they  shall  be  not  less  than  four  inches  in  thickness.     The  sup- 
porting steel  framework  shall  be  properly  encased  on  all  sides  by  not  less 
than  two  inches  of  fireproof  material,  securely  fastened  to  the  steel  work. 
All  openings  in  such  partitions  shall  be  provided  with  fire  doors. 

6.  Fire  doors.     Fire  doors  shall  be  metal-covered  doors,  or  doors  of  such 
other  material  as  shall  be  specified  in  the  rules  and  regulations  of  the  indus- 
trial board.     They  shall  be  provided  with   self-closing  devices  and   have   in- 
combustible sills.     The  industrial  board  shall  determine,  and  in  its  rules  and 
regulations  shall  specify,  the  material  and  mode  and  manner  of  construction 
and  erection  of  such  doors. 

7.  Fireproof  windows  shall  be  windows  constructed  of  metal .  frames   and 
sash  and  provided  with  wired  glass  and  of  the  automatic,  self-closing  type. 

8.  Exterior    enclosed    fireproof    stairways    shall    be    stairways    completely 
enclosed  from  top  to  bottom  by  walls  of  fireproof  material  not  less  than  eight 
inches  thick  extending  from  the  sidewalk,  court  or  yard  level  to  the  roof,  and 
with  walls  extending  above  the  roof  so  as  to  form  a  bulkhead.     The  stair- 
way shall  in  all  other  respects  conform  to  the  requirements  of  this   article 
in  regard  to  enclosed  stairways.    There  shall  be  no  opening  in  any  wall  sepa- 
rating  the   exterior   enclosed   fireproof   stairway   from   the   building.      Access 
shall  be  provided  to  the  stairway  from  every  floor  of  the  building  by  means 
of  an  outside  balcony  or  vestibule  of  steel,   iron  or  masonry.     Every   such 
balcony  or  vestibule  shall  have  an  unobstructed  width  of  at  least  forty-four 
inches  and  shall  be  provided  with  a  fireproof  floor  and  a  railing  of  incom- 
bustible material  not  less  than  three  feet  high.     Access  to   such   balconies 
from  the  building  and  to  the  stairway  from  the  balconies,  shall  be  by  means 
of  fire  doors.     The  level  of  the  balcony  floor  shall  be  not  more  than  seven 
inches  below  the  level  of  the   door  sill  of  the  building.     The  doors  shall  be 
not  less  than  forty-four  inches  wide  and  shall  swing  outward  onto  the  bal- 


LAWN   RKL.YTING  TO   LAIJOK.  *  51 

cony  and  inward  from  the  balcony  to  the  stairway,  and  shall  be  provided 
with  locks  or  latches  with  visible  fastenings  requiring  no  key  to  open  them 
in  leaving  the  building.  The  landings  in  such  stairway  shall  be  of  such 
width  that  the  doors  in  opening  into  the  stairway  shall  not  reduce  the  free 
passageway  of  the  landings  to  a  width  less  than  the  width  of  the  stairs. 
Every  such  stairway  shall  be  provided  with  a:  proper  lighting  system  which 
shall  furnish  adequate  light  and  shall  be  so  arranged  as  to  ensure  its  reliable 
operation  when,  through  accident  or  other  cause,  the  regular  factory  lighting 
is  extinguished.  The  balconies  giving  access  to  such  stairways  shall  be  open 
on  at  least  one  side  upon  an  open  space  not  less  than  one  hundred  square 
feet  in  area. 

9.  Horizontal  exit.     A  horizontal   exit  shall  be  the  connection  by  means 
of   one   oi>  more    openings   not   less    than    forty-four   inches   wide,    protected 
by  fire  doors,  through  a  fire  wall  in  any  building,  or  through  a  wall  or  walls 
between  twro  buildings,  which  doors  shall  continuously  be  unlocked  and  the 
opening  unobstructed   whenever   any   person   is   employed   on   either   side   of 
the  opening.     Exterior  balconies  and  bridges  not  less  than  forty-four  inches 
in  width  connecting  two  buildings  and  not  having  a  gradient  of  more  than 
one  foot  fall  in  six,  may  also  be  counted  as  horizontal  exits  when  the  doors 
opening  out  upon  said  balconies  or  bridges  are  fireproof  doors  and  are  level 
with  the  floors  of  the  building,  and  when  all  doors  of  both  buildings  open- 
ing on  such  balconies  or  bridges  are  continuously  kept  unlocked  and  unob- 
structed wrhenever  any  person  is  employed  on  either  side  of  the  exit,  and 
when  such  balconies  or  bridges  are  built  of  incombustible  material  and  are 
capable  of  sustaining  a  live  load  of  not  less  than  ninety  pounds  per  square 
foot  with  a  factor  of  safety  of  four ;  and  when  such  balconies-  or  bridges  are 
enclosed  on  all  sides  to  a  height  of  not  less  than  six  feet  and  on  top  and 
bottom  by  fireproof  material,  unless,  all  windows  or  openings  within  thirty 
feet  of  such  balconies  in  the  connected  buildings  shall  be  encased  in  metal 
frames  and  sash  and  shall  have  wired  glass  where)  glass  is  used1.     In  any 
case  there  shall  be  on  each  side  of  the  wall  or  partition  containing  the  hori- 
zontal  exit  and  independent  of  said  horizontal  exit,  at  least  one  stairway 
conforming  to  the  requirements  for  a  required  means  of  exit. 

10.  Exterior  screened  stairways  used  as  one  of  the  required  means  of  exit 
in  buildings  heretofore  erected  shall  be  built  of  incombustible  material.    The 
risers  of  the  stairs  shall  be  not  more  than  seven  and  three-quarters  inches 
in  height  and  the  treads  not  less  than  ten  inches  wide.     On  each  floor  there 
shall  be  a  balcony  connecting  with  the  stairs.     Access  to  the  balconies  shall 
be  by  means  of  fire  doors  that  shall  open  outwardly,  so  as  not  to  obstruct 
the   passageway,   or   slide   freely,   and   shall   extend   to  the  floor   level.     All 
windows  or  other  openings  opening  upon  the  course  of  such  stairs  shall  be 
fireproof.    The  level  of  the  balcony  floor  shall  not  be  more  than  seven  inches 
below  the  level  of  the  door  sill.     The  stairs  shall  continue  from  the  roof  to 
the   ground   level,   and   there  shall  be  independent  means  of  exit   from   the 
bottom  of  such  stairs  to  the  street  or  to   an  open  court  or  to  a  fireproof 
enclosed  passageway  leading  to  the  street  or  to  an  open  area  having  com- 
munication with  the  street  or  road.     The  balconies  and  stairs  shall  be  en- 
closed in  a  screen  of  incombustible  material. 


52  *  REPORT  or  THE  COMMISSIONER  OF  LABOR,  1913. 

11.  The  provisions  of  subdivisions  four  to  nine  inclusive  of  this  section 
shall  apply  to  all  buildings  -hereafter  erected  and  to  all  construction  here- 
after made  in  buildings  heretofore  erected.  The  industrial  board  shall  adopt 
rules  and  regulations  regulating  construction  heretofore  made  in  buildings 
heretofore  erected  requiring  compliance  with  such  of  the  requirements  of  the 
said  subdivisions  or  with  sucb  other  or  different  requirements  as  said  board 
may  find  to  be  reasonable  and  adequate  to  protect  persons  employed  in 
such  buildings  against  fire.  <[Added  by  L.  1913,  cli.  461.] 

§  SI.  Protection  of  employees  operating  machinery;  dust-creating  ma- 
chinery; lighting  of  factories  and  workrooms. —  1.  The  owner  or  person  in 
charge  of  a  factory  where  machinery  is  used,  shall  provide,  aa  may  be  re- 
quired by  the  rules  and  regulations  of  the  industrial  board,  belt  shifters  or 
other  mechanical  contrivances  for  the  purpose  of  throwing  on  or  off  belts 
on  pulleys.  Whenever  practicable,  all  machinery  shall  be  provided  with  loose 
pulleys.  Every  vat  and  pan  wherever  set  so  that  the  opening  or  top  thereof 
is  at  a  lower  level  than  the  elbow  o.f  the  operator  or  operators  at  work  about 
the  same  shall  be  protected  by  a  cover  which  shall  be  maintained  over  the 
same  while  in  use  in  such  manner  as  effectually  to  prevent  such  operators 
or  other  persons  falling  therein  or  coming  in  contact  with  the  contents 
thereof,  except  that  where  it  is  necessary  to  remove  such  cover  while  any 
such  vat  or  pan  is-  in  use,  such  vat  or  pan  shall  be  protected  by  an  adequate 
railing  around  the  same.  Every  hydro-extractor  shall  be  covered  or  other- 
wise properly  guarded  while  in  motion.  Every  saw  shall  be  provided  with  a 
proper  and  effective  guard.  Every  planer  shall  be  protected  by  a  substantial 
hood  or  covering.  Every  hand-planer  or  jointer  shall  be  provided  with  a 
proper  and  effective  guard.  All  cogs  and  gearing  shall  be  boxed  or  cased 
either  with  metal  or  woocf.  All  belting  within  seven  feet  of  the  floors  shall 
be  properly  guarded.  All  revolving  shafting  within  seven  feet  of  the  floors 
shall  be  protected  on  its  exposed  surface  by  being  encased  in  such  a  manner 
as  to  effectively  prevent  any  part  of  the  body,  hair  or  clothing  of  the  operators 
or  other  persons  from  coming  in  contact  with  such  shafting.  All  set-screws, 
keys,  bolts  and  all  parts  projecting  beyond  the  surface  of  revolving  shafting 
shall  be  countersunk  or  provided  with  suitable  covering,  and  machinery  of 
every  description  shall  be  properly  guarded  and  provided  with  proper  safety 
appliances  or  devices.  All  machines,  machinery,  apparatus,  furniture  and 
fixtures1  shall  be  so  placed  and  guarded  in  relation  to  one  another  as  to  be 
safe  for  all  persons.  Whenever  any  danger  exists  which  requires  any  special 
care  as  to  the  character  and  condition  of  the  clothing  of  the  persons  employed 
thereabouts,  or  which  requires  the  use  of  special  clothing  or  guards,  the 
industrial  board  may  make  rules  and  regulations  prescribing  what  shall  be 
used  or  worn  for  the  purpose  of  guarding  against  such  danger  and  regulating 
the  provision,  maintenance  and  use  thereof.  No  person  shall  remove  or  make 
ineffective  any  safeguard  or  safety  appliance  or  device  around  or  attached 
to  machinery,  vats  or  pans,  unless-  for  the  purpose  of  immediately  making 
repairs  thereto  or  adjustment  thereof,  and  any  person  who  removes  or  makes 
ineffective  and  such  safeguard,  safety  appliance  or  device  for  a  permitted 
purpose  shall  immediately  replace  the  same  when  such  purpose  is  accom- 
plished. It  shall  be  the  duty  of  the  employer  and  of  every  person  exercising 
direction  or  control  over  the  person  who  removes  such  safeguard,  safety 


LAWS  KELATING  TO  LABOR.  *  53 

appliance  or  device,  or  over  any  person  for  whose  protection  it  is  designed  to 
see  that  a  safeguard  or  safety  appliance  or  device  that  has  been  removed 
is  promptly  and  properly  replaced.  All  fencing,  safeguards,  safety  ap- 
pliances and  devices  must  be  constantly  maintained  in  proper  condition.  When 
in  the  opinion  of  the  commissioner  of  labor  a  machine  or  any  part  thereof 
is  in  a  dangerous  condition  or  is  not  properly  guarded  or  is  dangerously 
placed,  the  use  thereof  shall  be  prohibited  by  the  commissioner  of  labor  and 
a  notice  to  that  effect  shall  be  attached  thereto.  Such  notice  shall  not  be 
removed  except  by  an  authorized  representative  of  the  department  of  labor, 
nor  until  the  machinery  is  made  safe  and  the  required  safeguards  or  safety 
appliances  or  devices  are  provided,  and  in  the  meantime  such  unsafe  or  dan- 
gerous machinery  shall  not  be  used.  The  industrial  board  may  make  rules 
and  regulations  regulating  the  installation,  position,  operation,  guarding  and 
use  of  machines  and  machinery  in  operation  in  factories,  the  furnishing  and 
use  of  safety  devices  and  safety  appliances  for  machines  and  machinery 
and  of  guards  to  be  worn  upon  the  person,  and  other  cognate  matters,  when- 
ever it  finds  such  regulations  necessary  in  order  to  provide  for  the  prevention 
<of  accidents  in  factories. 

2.  All  grinding,  polishing  or  buffing  wheels  used  in  the  course  of  the  manu- 
facture of  articles  of  the  baser  metals  shall  be  equipped  with  proper  hoods 
and  pipes  and  such  pipes  shall  be  connected  to  an  exhaust  fan  of  sufficient 
capacity  and  power  to  remove  all  matter  thrown  off  such  wheels  in  the  course 
of   their  use.     Such  fan  shall  be  kept  running  constantly  while  such  grind- 
ing, polishing  or  buffing  wheels  are  in  operation;  except  that  in  case  of  wet- 
grinding  it  is  unnecessary  to  comply  with  this  provision  unless  required  by 
the  rules  and  regulations  of  the  industrial  board.   All  machinery  creating  dust 
or  impurities  shall  be  equipped  with  proper  hoods  and  pipes  and  such  pipes 
shall  be  connected  to"  an  exhaust  fan  of  sufficient  capacity  and  power  to  remove 
such  dust  or   impurities;    such  fan   shall  be  kept  running   constantly   while 
such  machinery  is  in  use;  except  where,  in  case  of  wood-working  machinery, 
the  industrial  board  shall  decide  that  it  is  unnecessary  for  the  health  and 
welfare  of  the  operatives. 

3.  All  passageways  and  other  portions  of  a  factory,  and  all  moving  parts 
of  machinery  which  are  not  so  guarded  as  to  prevent  accidents,  where,  on  or 
about  which  persons  work  or  pass  or  may  have  to  work  or  pass  in  emerg- 
encies,  shall  be  kept  properly   and  *and  sufficiently  lighted  during  working 
hours.     The  halls  and  stairs  leading  to  the  workrooms  shall  be  properly  and 
adequately  lighted,  and  a  proper  and  adequate  light  shall  be  kept  burning 
by  the  owner  or  lessee  in  the  public  hallways  near  the  stairs,  upon  the  en- 
trance floor  and  upon  the  other  floors  on  every  workday  in  the  year,  from 
the  time  when  the  building  is  open  for  use  in  the  morning  until  the  time  it  is 
closed  in  the  evening,  except  at  times  when  the  influx  of  natural  light  shall 
make  artificial   light  unnecessary.     Such  lights  shall  be  so   arranged  as  to 
insure   their   reliable   operation   when   through   accident  or   other   cause   the 
regular  factory  lighting  is  extinguished. 

Cf.  §  168,  post. 

4.  All  workrooms  shall  be   properly  and  adequately  lighted  during  work- 
ing   hours.      Artificial    illuminants    in    every    workroom    shall    be    installed, 
arranged  and  used  so  that  the  light  furnished  will  at  all  times  be  sufficient 
and  adequate  for  the  work  carried  on  therein,  and  so  as  to  prevent  unnec- 

*  So  in  original. 


54*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

essary  strain  on  the  vision  or  glare  in  the  eyes  of  the  workers.  The  in- 
dustrial board  may  make  rules  and  regulations  to  provide  for  adequate  and 
sufficient  natural  and  artificial  lighting  facilities  in  all  factories.  [.4s  am',! 
by  L.  1009,  ch.  299,  L.  1910,  ch.  106  and  L.  1913,  cli.  286.] 

Non-compliance  with  the  section  renders  the  master  liable  in  case  of  injury  to 
employeesi  (§  202,  post). 

In  a  tenant-factory  the  owner  alone  is  responsible  for  lighting  of  halls  and 
stairs  (§  94,  post). 

Where  it  is  practicable  to  guard  a  machine  and  danger  from  its  remaining  un- 
guarded should  be  reasonably  anticipated  the  provisions  of  the  section  are  mandatory 
and  the  burden  of  proving  that  it  is  impracticable  to  guard  a  machine  is  upon  the 
employer:  Scott  v.  International  Paper  Co.,  204  N.  Y.  49  (1912).  The  burden 
of  proof  as  to  assumption  of  risk  in  case  of  failure  to  comply  with  the  statute 
is  upon  the  employer  :  Fitzwater  v.  Warren,  206  N.  Y.  355. 

§  83-a.  Fire  alarm  signal  systems  and  fire  drills. —  1.  Every  factory  build- 
over  two  stories  in  height  in  which  more  than  twenty-five  persons  are  em- 
ployed above  the  ground  floor  shall  be  equipped  with .  a  fire  alarm  signal 
system  with  a  sufficient  number  of  signals  clearly  audible  to  all  occupants 
thereof.  The  industrial  board  may  make  rules  and  regulations  prescribing 
the  number  and  location  of  such  signals.  Such  system  shall  be  installed  by 
the  owner  or  lessee  of  the  building  and  shall  permit  the  sounding  of  all  the 
alarms  within  the  building  whenever  the  alarm  is  sounded  in  any  portion 
thereof.  Such  system  shall  be  maintained  in  good  working  order.  Xo  person 
shall  tamper  with,  or  render  ineffective  any  portion  of  said  system  except 
to  repair  the  same.  It  shall  be  the  duty  of  whoever  discovers  a  fire  to  cause 
an  alarm  to  be  sounded  immediately. 

2.  In   every  factory   building  over  two   stories   in    height  in   which   more 
than  twenty-five  persons  are   employed   above  the  ground  floor,  a   fire   drill 
which  will  conduct  all  the  occupants   of  such  building  to  a  place  of  ssfety 
and  in  which  all  the  occupants  of  such  building  shall  participate  simultane- 
ously shall  be  conducted  at  least  once  a   month. 

In  the  city  of  New  York  the  fire  commissioner  of  such  city,  and  in  all  other 
parts  of  the  state,  the  state  fire  marshal  shall  cause  to  be  organized  and 
shall  supervise  and  regulate  such  fire  drills,  and  shall  make  rules,  regula- 
tions and  special  orders  necessary  or  suitable  to  each  situation  and  in  the 
case  of  buildings  containing  more  than  one  tenant,  necessary  or  suitable  to 
the  adequate  co-operation  of  all  the  tenants  of  such  building  in  a  fire  drill 
c>f  all  the  occupants  thereof.  iSuch  rules,  regulations  and  orders  may  pre- 
scribe upon  whom  shall  rest  the  duty  of  carrying  out  the  same.  Such 
special  orders  may  require  posting  of  the  same  or  an  abstract  thereof.  A 
demonstration  of  such  fire  drill  shall  be  given  upon  the  request  of  an  au- 
thorized representative  of  the  fire  department  of  the  city,  village  or  town 
in  which  the  factory  is  located,  and,  except  in  the  city  of  New  York,  upon 
the  request  of  the  state  fire  marshal  or  any  of  his  deputies  or  assistants. 

3.  In  the  city  of  New  York  the  fire  commissioner  of  such  city,  and  else- 
where,  the  state   fire   marshal   is   charged   with  the   duty   of   enforcing  this 
section.     [Added  by  L.  1912,  ch.  330  and  am'd  by  L.  1913,  ch.  203.] 

§  83-b.  Automatic  sprinklers. —  In  every  factory  building  over  seven  stories 
or  over  ninety  feet  in  height  in  which  wooden  flooring  or  wooden  trim  is 
used  and  more  than  two  hundred  people  are  regularly  employed  above  the 
seventh  floor  or  more  than  ninety  feet  above  the  ground  level  of  such  build- 


LAWS  RELATING  TO   LABOR.  *  55 

ing,  the  owner  of  the  building  shall  install  an  automatic  sprinkler  system 
approved  as  to  form  and  manner  in  the  city  of  New  York  by  the  fire  com- 
missioner of  such  city,  and  elsewhere,  by  the  state  fire  marshal.  Such 
installation  shall  be  made  within  one  year  after  "this  section  takes  effect, 
but  the  fire  commissioner  of  the  city  of  New  York  in  such  city  and  the 
state  fire  marshal  elsewhere  may,  for  good  cause  shown,  extend  such  time 
for  an  additional  year.  A  failure  to  comply  with  this  section  shall  be  a 
misdemeanor  as  provided  by  section  twelve  hundred  and  seventy-five  of  the 
penal  law  and  the  provisions  hereof  shall  also  be  enforced  in  the  city  of 
New  York  by  the  fire  commissioner  of  such  city  in  the  manner  provided  by 
title  three  of  chapter  fifteen  of  the  Greater  New  York  charter,  and  else- 
where by  the  state  fire  marshal  in  the  manner  provided  by  article  *ten-a  of 
the  insurance  law.  [Added  by  L.  1912,  ch.  332.] 

§  83-c.  Fireproof  receptacles;  gas  jets;  smoking.— 1.  Every  factory  shall  be 
provided  with  properly  covered  fireproof  receptacles,  the  number,  style  and 
location  of  which  shall  be  approved  in  the  city  of  New  York  by  the  fire  com- 
missioner, and  elsewhere,  by  the  commissioner  of  labor.  There  shall  be  de- 
posited in  such  receptacles  all  inflammable  waste  materials,  cuttings  and 
rubbish.  Xo  waste  materials,  cuttings  or  rubbish  shall  be  permitted  to  ac- 
cumulate on  the  floors  of  any  factory  but  shall  be  removed  therefrom  not 
less  than  twice  each  day.  All  such  waste  materials,  cuttings  and  rubbish 
shall  be  entirely*  removed  from  a  factory  building  at  least  once  in  each 
day,  except  that  baled  waste  material  may  be  stored  in  fireproof  enclosures 
provided  that  all  such  baled  waste  material  shall  be  removed  from  such 
building  at  least  once  in  each  month. 

2.  All  gas  jets  or  lights  in  factories  shall  be  properly  enclosed  by  globes, 
wire   cages   or   otherwise   properly   protected   in    a  manner   approved   in   the 
city  of  New  York  by  fire  commissioner  of  such  city,  and  elsewhere,  by  the, 
commissioner  of  labor. 

3.  :No  person   shall   smoke*  in  any  factory.     A  notice  of  such  prohibition 
stating  the  penalty   for  violation  thereof  shall  be  posted   in  every  entrance 
hall  and  every  elevator  car,  and  in  every  stairhall  and  room  on  every  floor 
of  such  factory  in  English  and  also  in  such  other  language  or  languages  as 
the  fire  commissioner  of  the  city  of  New  York  in  such  city,  and  elsewhere, 
the  state  fire  marshal,  shall  direct.    The  fire  commissioner  of  the  city  of  'New 
York  in  such  city,  and  elsewhere,  the  state  fire  marshal  shall  enforce  the 
provisions  of  this  subdivision.     [Added  by  L.  1912,  ch.  329  and  am'd  by  L. 
1913,  ch.  194.] 

§  84.  Cleanliness  of  rooms. —  Every  room  in  a  factory  and  the  floors,  walls, 
ceilings',  windows  and  every  other  part  thereof  and  all  fixtures  therein  shall 
at  all  times  be  kept  in  a  clean  and  sanitary  condition.  The  walls  and  ceil- 
ings of  each  room  in  a  factory  shall  be  lime  washed  or  painted,  except  when 
properly-  tiled  or  covered  with  slate  or  marble  with  a  finished  surface.  Such 
lime  wash  or  paint  shall  be  renewed  whenever  necessary  as  may  be  required 
by  the  commissioner  of  labor.  Floors  shall,  at  all  times,  be  maintained  in 
a  safe  condition.  No  person  shall  spit  or  expectorate  upon  the  walls,  floors 
or  stairs  of  any  building  used  in  w'hole  or  in  part  for  factory  purposes. 
Sanitary  cuspidors  shall  be  provided,  in  every  workroom  in  a  factory  in 
sufficient  numbers.  Such  cuspidors  shall  be  thoroughly  cleaned  daily.  Suit- 


56*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

able  receptables  shall  be  provided  and  used  for  the  storage  of  waste  and 
refuse;  such  receptacles  shall  be  maintained  in  a  sanitary  condition.  [As 
am'd  by  L.  1910,  ch.  114  and  L.  1913,  ch.  82.] 

In  tenant-factories  responsibility  for  cleanliness  of  halls,  etc.  is  placed  upon  the 
owner  by  section  94,  post. 

Cf.  special  requirements  for  bakeries  in  §§  112-114,  post;  and  for  laundries 
in  {  92. 

§  84-a.  Cleanliness  of  factory  buildings.— Every  part  of  a  factory  building 
and  of  the  premises  thereof  and  the  yards,  courts,  passages,  areas  or  alleys 
connected  with  or  belonging  to  the  same,  shall  be  kept  clean,  and  shall  lie 
kept  free  from  any  accumulation  of  dirt,  filth,  rubbish  or  garbage  in  or  on 
the  same.  The  roof,  passages,  stairs,  halls,  basements,  cellars,  privies,  water- 
closets,  cesspools,  drains  and  all  other  parts  of  such  building  and  the  prem- 
ise thereof  shall  at  all  times  be  kept  in  a  clean-,  sanitary  and  safe  condition. 
The  entire  building  and  premises  shall  be  well  drained  and  the  plumbing 
thereof  at  all  times  kept  in  proper  repair  and  in  a  clean  and  sanitary  con- 
dition. [Added  by  L.  1913,  ch.  198.] 

§  85.  Size  of  rooms. —  No  more  employees  shall  be  required  or  permitted 
to  work  in  a  room  in  a  factory  between  the  hours  of  six  o'clock  in  the  morn- 
ing and  six  o'clock  in  the  evening  than  will  allow  to  each  of  such  employees, 
not  less  than  two  hundred  and  fifty  cubic  feet  of  air  space;  and,  unless  by 
a  written  permit  of  the  commissioner  of  labor,  not  less  than  four  hundred 
cubic  feet  for  each  employee,  so  employed  between  the  hours  of  six  o'clock 
in  the  evening  and  six  o'clock  in  the  morning,  provided  such  room  is  lighted 
by  electricity  at  all  times  during  such  hours,  while  persons  are  employed 

Cf.  requirement  as  to  height  of  ceilings  in  bakeries  in  §§  112,  114  and  116,  post. 

§  86.  Ventilation. —  1.  The  owner,  agent  or  lessee  of  every  factory  shall 
provide,  in  each  workroom  thereof,  proper  and  sufficient  means  of  ventilation 
by  natural  or  mechanical  means  or  both,  as  may  be  necessary,  and  shall  main- 
tain proper  and  sufficient  ventilation  and  proper  degrees  of  temperature  and 
humidity  in  every  workroom  thereof  at  all  times  during  working  hours. 

2.  If  dust,  gases,  fumes,  vapors,  fibers  or   other  impurities  are  generated 
or  released  -in  the  course  of  the  business  carried  on  in  any  workroom'  of  a 
factory,   in   quantities   tending  to   injure    the   health   of    the   operatives,   the 
person  operating  the  factory,  whether  as  owner  or  lessee  of  the  whole  or  of 
a  part  of  the  building  in  which  the   same   is   situated,   or  otherwise,   shall 
provide  suction  devices  that  shall  remove  said  impurities  from  the  workroom, 
at  -their  point  of  origin-  where  practicable,  by  means  of  proper  hoods  con- 
nected -to  conduits  and   exhaust   fans   of   sufficient  capacity   to  remove   such 
impurities,  and  such  fans  shall  be  kept  running  constantly  while  such  im- 
purities are  being  generated   or  released.     If,  owing   to   the   nature   of   the 
manufacturing  process  carried  on  in  a  factory  workroom,  excessive  heat  be 
created  therein  the  person  or  persons  operating  the  factory  as  aforesaid  shall 
provide,  maintain,  use  and  operate  such  special  means  or  appliances  as  may 
be  required  to  reduce  such  excessive  heat. 

3.  The  industrial  board  shall  have  power  to  make  rules  and  regulations 
for  and  fix  standards  of  ventilation,  temperature  and  humidity  in  factories 
and   may   prescribe   the   special   i»eans,    if   any,   required   for    removing    im- 
purities or   for    reducing   excessive   heat,   and  the   machinery,   apparatus   or 


LAWS  RELATING  TO  LABOR.  *  57 

appliances  to  be  used  for  any  of  said  purposes,  and  the  construction,  equip- 
ment, maintenance  and  operation  thereof,  in  order  to  effectuate  the  purposes 
of  this  section. 

4.  If  any  requirement  of  this  section  or  any  rule  or  regulation  of  the  in- 
dustrial board  mad.e  under  the  provisions  thereof  shall  not  be  complied  with, 
the  commissioner  of  labor  shall  issue  or  cause  to  be  issued  an  ord'er  directing 
complia'nce  therewith  by  the  person  whose  duty   it  is   to  comply  therewith 
within  thirty   days  after  the   service  of  such  order.     Such  person   shall,   in 
case  of  failure  to  comply  with  the  requirements  of  such  order,  forfeit  to  the 
people  of  the  state   fifteen  dollars  for  each  day  dur.ing  which   such  failure 
shall  continue  after  the  expiration  of  such  thirty  days,  to  be  recovered  by 
the  commissioner  of  labor.     The  liability  to  such  penalty  shall  be  in  addition 
to  the  liability  of  such  person  .to  prosecution  for  a  misdemeanor  as  provided 
by  section  twelve  hundred-  and  seventy-five  of  the  penal  law. 

5.  When  the  commissioner  of  labor  shall  issue,  or  cause  to  be  issued,  an 
order  specified  in  subdivision  four  hereof,  he  may  in  such  order  require  plans 
and  specifications  to  be  filed  for  any  machinery  or  apparatus  to  be  provided 
or  altered,  pursuant  to  the  requirements  of  such  order.     In  such  case,  before 
providing,  or  making  any  change  or  alteration  in  any  machinery  or  apparatus 
for  any  of  the  purposes  specified  in  this  section,  the  person  uponr  whom  such 
order  is  served  shall  file  with  the  commissioner  of  labor  plans  and  specifi- 
cations therefor,  and  shall  obtain  the  approval  of  such  plans  and  specifica- 
tions by  the  commissioner  of  labor  before  providing  or  making  any  change 
or  alteration  in  any  such  machinery  or  apparatus.     [As  am'd  by  L.   1913, 
ch.   196.] 

Section  94,  post,  makes  the  owner  as  well  as  occupant  in  a  tenant-factory  respon- 
sible for  observance  of  this  section  and  the  owner  of  a  factory  building  is  liable 
for  a  violation  of  this  section  even  though  by  the  terms  of  a  lease  a  tenant  agrees 
to  comply  with  the  law  :  People  ex  rel.  Williams  v.  Eno,  134  App.  Div.  527. 

Cf.  special  requirements  for  bakeries  in  §§   112,  113,  114,  116  and  117,  post. 

§  87.  Accidents  to  be  reported. —  The  person  in  charge  of  any  factory  shall 
keep  a  correct  record  of  all  deaths,  accidents  or  injuries  sustained  by  any 
person  therein  or  on  the  premises,  in  such  form  as  may  be  required  by  the 
commissioner  of  labor.  Such  record  shall  be  open  to  the  inspection  of  the  com- 
missioner of  labor  and  a  copy  thereof  shall  be  furnished  to  the  said  commis- 
sioner on  demand.  Within  forty-eight  hours  after  the  time  of  the  accident, 
death  or  injury,  a  report  thereof  shall  be  made  in  writing  to  the  commissioner 
of  labor,  stating  as  fully  as  possible  the  cause  of  the  death*  or  the  extent 
and  cause  of  the  injury,  and  the  place 'where  the  injured  person  has  been 
sent,  with  such  other  or  further  information  relative  thereto  afe  may  be  re- 
quired by  the  said  commissioner,  who  may  investigate  the  causes'  thereof  and 
require  such  precautions  to  be  taken  as-  will  prevent  the  recurrence  of  similar 
happenings.  No  statement  contained  in  any  such  report  shall  be  admissable 
in  evidence  in  any  action  arising  out  of  the  death  or  accident  therein  re- 
ported. ['As  am'd  by  L.  1010,  ch.  155.] 

Compare  §  20-a,  ante,  (building  accidents)  and  §  126,  post  (accidents  In  mines 
and  quarries)  ;  also  §§  47,  66  and  94  of  the  Public  Service  Commissions  Law 
(Ch.  48  of  Consolidated  Laws). 

§  88.  Drinking  water,  washrooms  and  dressing  rooms.—  1.  In  every  factory 
there  shall  be  provided  at  all  times  for  the  use  of  employees,  a  sufficient 
supply  of  clean  and  pure  drinking  water.  Such  water  shall  be  supplied 


58  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

through  proper  pipe  connections  with  water  mains  through  which  is  con- 
veyed the  water  used  for  domestic  purposes,  or,  from  a  spring  or  well  or 
body  of  pure  water;  if  such  drinking  water  be  placed  in  receptacles  in  the 
factory,  such  receptacles  shall  be  properly  covered  to  prevent  contamination 
and  shall  be  thoroughly  cleaned  at  frequent  intervals. 

2.  In  every  factory  there  shalr  be  provided   and  maintained   for   the  use 
of    employees    suitable    and    convenient    washrooms,    separate    for    each    sex, 
adequately,  equipped  with  washing  facilities  consisting  of  sinks  or  stationary 
basins   provided   with-  running   water    or    with    tanks    holding    an    adequate 
supply  of  clean-  water.     Every  washroom  shall  be  provided  with  means  for 
artificial   illumination  and  with   adequate  means  of  ventilation.     All  wash- 
rooms and*  washing  facilities  shall  be  constructed,  lighted,  heated,  ventilated, 
arranged  and  maintained  according  to  rules   and   regulations  adopted  with 
reference    thereto    by    the    industrial    board.      In    all    factories    where    lead, 
arsenic  or  other  poisonous  substances  or  injurious  or  noxiou-s  fumes,  dust  or 
gases  are  present  as  an  incident  or  -result  of  the  business  or  processes  con- 
ducted by  «such  factory  there  shall  be  provided  washing  facilities  which  shall 
include  hot  water  and  soap  and  individual  towels. 

3.  Where  females  are  employed,  dressing  or  emergency  rooms  shall  be  pro- 
vided for  their  use;  each  such  room  shall  have1  at  least  one  window  opening  to 
the  outer  air  and  shall  be  enclosed  by  means  of  solid  partitions  or  walls. 
In  every  factory  in  which  more*  tha.ii  ten  -women-  are   employed,  there   shall 
be  provided  one  or  more  separate  dressing  roams  in  such  numbers  as  required 
by  the  rules  and  regulations  of  the   industrial  board   and  located'  in   such 
platfe  or  places  as  required  by  such  rules-  and  regulations,  having  an  adequate 
floor  space  in  proportion  to  the  number  of  employees,  to  be  fixed  by  the  rules 
and  regulations  of  the  industrial  board,  but  the  floor  space  of  every   such 
dressing  room  shall  in  no  event  be  less'  than  sixty  square  feet;  each  dressing 
room  shall  be  separated   from-  any  water   closet  compartment  by   adequate 
partitions  and  shall  be  provided  with  adequate  means  for  artificial  illumi- 
nation; each  dressing  room  shall  be  provided  with  suitable  means  for  hanging 
clothes  and  with  a  suitable  number  of  seats*.     All  dressing   rooms   shall  be 
enclosed  by  means   of   solid  partitions   or   walls,   and   shall   be   constructed, 
heated,  ventilated,  lighted  and  maintained  in  accordance  with  such  rules  and 
regulations  as  may  be  adopted  by  the  industrial  bo'ard*  with  reference  thereto. 
[As  am'd  by  L.  1910,  ch.  229,  L.  1912,  ch.  336,  and  L.  .1913,  ch.  340.] 

In  a  tenant-factory  the  owner  must  provide  water-closets,  and  the  necessary 
plumbing  and  water  to  enable  occupants  to  comply  with  all  the  provisions  of  this 
section  (§  94,  post). 

Cf.  special  requirements  for  bakeries  in  §§  112  and  113,  post. 

Cf.  §  168.  post 

§  88-a.  Water  closets. —  1.  In  every  factory  there  shall  be  provided  suitable 
and  convenient  water  closets  separate  for  each  sex,  in  such  number  and 
located  in  such  place  or  places  as  required  by  the  rules  and  regulations  of 
the  industrial  board.  All  water  closets  shall  be  maintained  inside  the  fac- 
tory except  where,  in  the  opinion  of  the  commissioner  of  labor  it  is  imprac- 
ticable to  do  so. 

2.  There  shall  be  separate  water  closet  compartments  for  females,  to  be 
used  by  them  exclusively,  and  notice  to  that  effect  shall  be  painted  on  the 


LAWS  KELATISC;  TO   LABOR.  *  59 

outside  of  such  compartments.  The  entrance  to  every  water  closet  used  by 
feni;iles  shall  be  effectively  screened  by  a  partition  or  vestibule.  Where  water 
closets  for  males  and  females  are  in  adjoining  compartments,  there  shall  be 
solid  plastered  or  metal  covered  partitions  between  the  compartments  extend- 
ing- from  the  floor  to  the  ceiling.  Whenever  any  water  closet  compartments 
opon  directly  into  the  workroom  exposing  the  interior,  they  shall  be  screened 
from  view  by  a  partition  or  a  vestibule.  The  use  of  curtains  for  screening 
purposes  is  prohibited. 

3.  The  use   of   any   form  of  trough  water  closet,   latrine   or   school   sink 
within     any     factory     is     prohibited.       All     such     trough     water     closets, 
latrines  or  school  sinks  shall,  before  the  first  of  October,  nineteen  hundred 
and  fourteen,  be  completely  removed  and  the  place  where  they  were  located 
properly  disinfected  under  the  direction  of  the  department  of  labor.     Such 
appliances  shall  be  replaced  by  proper   individual   water   closets,   placed   in 
water  closet  compartments,  all   of  which   shall  be  constructed  and  installed 
in  accordance  with  rules  and  regulations  to   be  adopted  by  the   industrial 
board. 

4.  Every  existing  water  closet  and  urinal  inside  any  factory  shall  have  a 
basin  of  enameled  iron  or  earthenware,  and  shall  be  flushed  from  a  separate 
water-supplied    cistern    or    through    a    flushometer    valve    connected    in    such 
manner  as  to  keep  the  water  supply  of  the  factory  free  from  contamination. 
All   woodwork    enclosing   water    closet    fixtures    shall   be    removed    from   the 
front  of  the  closet  and  tiie  space  underneath  the   seat   shall   be   left  open. 
The  floor  or  other  surface  beneath  and  around  the  closet  shall  be  maintained 
in  good  order  and  repair  and  all  the  woodwork  shall  be  kept  well  painted 
with  a  light-color  .paint.     All  existing  water  closet  compartments  shall  have 
windows  leading  to  the  outer  air  and  shall  be  otherwise  ventilated  in  accord- 
ance with  rules  and  regulations  adopted  for  that  purpose  by  the  industrial 
board.     Such  compartments  shall  be  provided  with  means  for  artificial  illumi- 
nation and  the  enclosure  of  each  compartment  shall  be  kept  free  from  all 
obscene  writing  or  marking. 

5.  All  water  closets,  urinals  and  water  closet  compartments  hereafter  in- 
stalled  in  a  factory,   including  those  provided   to   replace   existing   fixtures, 
shall  be  properly  constructed,   installed,  ventilated,   lighted  and  maintained 
in  accordance  with   such  rules  and  regulations  as  may  be  adopted   by  the 
industrial  board. 

6.  All  water  closet  compartments,  and  the  floors,  walls,  ceilings  and  sur- 
face thereof,  and  all  fixtures  therein,  and  all  water  closets  and  urinals  shall 
at   all   times  be  kept   and   maintained    in   a   clean    and   sanitary    condition. 
Where  the  water  supply  to  water  closets  or  urinals  is  liable  to  freeze,  the 
water  closet  compartment  shall  be  properly  heated  so  as  to  prevent  freezing, 
or  the  supply  and  flush  pipes,  cisterns  and  traps  and  valves  shall  be  effect- 
ively covered  with  wool  felt  or  hair  felt,  or  other  adequate  covering. 

7.  All  water  closets  shall  be  constructed,  lighted,  ventilated,  arranged  and 
maintained  according  to  rules  and  regulations  adopted  with  reference  thereto 
by  the  industrial  board.     [Added  ~by  L.  1913,  ch.  340.] 

Cf.  requirements  for  foundries,  §  97;  for  bakeries,  §§  112-113;  for  mercantile 
establishments,  §  168. 

§  89.  Time  allowed  for  meals. —  In  each  factory  at  least  sixty  minutes  shall 
be  allowed  for  the  noon-day  ineal,  unless  the  commissioner  of  labor  shall 


60*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

permit  a  shorter  time.  Such  permit  must  be  in  writing  and  conspicuously 
posted  in  the  main  entrance  of  the  factory,  and  may  be  revoked  at  any  time. 
Where  employees  are  required  or  permitted  to  work  overtime  for  more  than 
one  hour  after  six  o'clock  in  the  evening,  they  shall  be  allowed  at  least 
twenty  minutes  to  obtain  a  lunch,  before  beginning  to  work  overtime. 

§  89-a.  Prohibition  against  eating  meals  in  certain  workrooms. —  No  em- 
ployee shall  take  or  be  permitted  to  take  any  food  into  a  room  or  apart- 
ment in  a  factory,  mercantile  establishment,  mill  or  workshop,  commercial 
institution  or  other  establishment  or  working  place  where  lead,  arsenic  or 
other  poisonous  substances  or  injurious  or  noxious  fumes,  dust  or  gases 
exist  in  harmful  conditions  or  are  present  in  harmful  quantities  as  an  inci- 
dent or  result  of  the  business  conducted  by  such  factory,  commercial  estab- 
lishment, mill  or  workshop,  commercial  institution  or  other  establishment 
or  working  place;  and  notice  to  the  foregoing  effect  shall  be  posted  in  each 
such  room,  or  apartment.  No  employee,  unless  his  presence  is  necessary 
for  the  proper  conduct  of  the  business,  shall  remain  in  any  such  room,  apart- 
ment or  enclosure  during  the  time  allowed  for  meals,  and  suitable  provision 
shall  be  made  and  maintained  by  the  employer  for  enabling  employees  to 
take  their  meals  elsewhere  in  such  establishment.  [Added  6t/  L.  1912, 
ch.  336.] 

See  §  1C9.  cost. 

§  90.  Inspection  of  factory  buildings. —  The  commissioner  of  labor,  or  other 
competent  person  designated  by  him,  upon  request,  shall  examine  any  factory 
outside  of  the  cities  of  New  York  and  Brooklyn,  to  determine  whether  it  is 
in  a  safe  condition.  If  it  appears  to  him  to  be  unsafe,  he  shall  immediately 
notify  the  owner,  agent  or  lessee  thereof,  specifying  the  defects,  and  require 
such  repairs  and  improvements  to  be  made  as  he  may  deem  necessary.  If 
the  owner,  agent  or  lessee  shall  fail  to  comply  with  such  requirement,  lie 
shall  forfeit  to  the  people  of  the  state  the  sum  of  fifty  dollars,  to  be  recovered 
by  the  commissioner  of  labor  in  his  name  of  office. 

In  a  tenant-factory  the  owner  alone  Is  responsible  for  observance  of  this  section 
(|  94,  post). 

§  92.  Laundries. —  A  shop,  room  or  building  where  one  or  more  persons  are 
employed  in  doing  public  laundry  work  by  way  of  trade  or  for  purposes  of 
gain  is  a  factory  within  the  meaning  of  this  chapter,  and  shall  be  subject  to 
the  visitation  and  inspection  of  the  commissioner  of  labor  and  the  provisions 
of  this  chapter  in  the  same  manner  as  any  other  factory.  No  such  public 
laundry  work  shall  be  done  in  a  room  used  for  a  sleeping  or  living  room. 
All  such  laundries  shall  be  kept  in  a  clean  condition  and  free  from  vermin 
and  all  impurities  of  an  infectious  or  contagious  nature.  This  section  shall 
not  apply  to  any  female  engaged  in  doing  custom  laundry  work  at  her  home 
lor  a  regular  family  trade, 

An  hotel  laundry  is  not  a  public  laundry.  Opinion  of  the  Attorney-General, 
March  5  and  September  28,  1906. 

§  93.  Prohibited  employment  of  women  and  children. —  1.  No  child  under 
the  age  of  sixteen  years  shall  be  employed  or  permitted  to  work  in  operating 
or  assisting  in  operating  any  of  the  following  machines:  Circular  or  band 
saws,  woodshapers,  wood  jointers,  planers,  sandpaper  or  wood  polishing  ma- 
chinery; picker  machines  or  machines  used  in  picking  wool,  cotton^  hair  or 
any  upholstery  material;  paper  lace  machines;  burnishing  machines  in  any 


LAWS  RELATING  TO  LABOR.  *  61 

tannery  or  leather  manufactory;  job  or  cylinder  printing  presses  having 
motive  power  other  than  foot;  wood-turning  or  boring  machinery;  drill 
presses;  metal  or  paper  cutting  machines;  corner  staying  machines  in  paper 
box  factories;  stamping  machines  used  in  sheet  metal  and  tinware  manufac- 
turing or  in  washer  and  nut  factories;  machines  used  in  making  corrugating 
rolls;  steam  boilers;  dough  brakes  or  cracker  machinery  of  any  description; 
wire  or  iron  straightening  machinery;  rolling  mill  machinery;  power  punches 
or  shears;  washing,  grinding  or  mixing  machinery;  calendar  rolls  in  rubber 
manufacturing;  or  laundering  machinery;  or  in  operating  or  assisting  in 
operating  any  other  machines  or  machinery  which  may  be  found  by  the 
industrial  board  to  be  dangerous  and  specified  as  such  from  time  to  time  in 
rules  and  regulations  adopted  by  such  board. 

2.  No  child  under  the  age  of  sixteen  years  shall  be  employed  or  permitted 
to  work  at  adjusting  or  assisting  in  adjusting  any  belt  to  any  machinery, 
oiling  or  assisting  in  oiling,  wiping  or  cleaning  machinery;  or  in  any  capacity 
in  preparing  any  composition  in  which  dangerous  or  poisonous  acids  are  used; 
or  in  the  manufacture  or  packing  of  paints,  dry  colors,  or  red  or  white  lead; 
or  dipping  or  dyeing  matches;  or  in  the  manufacture,  packing  or  storing  of 
powder,  dynamite,  nitroglycerine,  compounds,  fuses,  or  other  explosives;   or 
in  or  about  any  distillery,  brewery,  or  any  other  establishment  where  malt  or 
alcoholic    liquors    are   manufactured,    packed,   wrapped,    or   bottled;    and   no 
female  under  the  age  of  sixteen  shall  be  employed  or  permitted  to  work  in 
any  capacity  where  such  employment  compels  her  to  remain  standing  con- 
stantly.    Xo  child  under  the  age  of  sixteen  years  shall  be  employed  or  per- 
mitted to  have  the  care,  custody  or  management  of  or  to  operate  an  elevator 
either  for  freight  or  passengers.    No  person  under  the  age  of  eighteen  years 
shall  be  employed  or  permitted  to  have  the  care,  custody  or  management  of 
or  to  operate  an  elevator  either  for  freight  or  passengers  running  at  a  speed 
of  over  two  hundred  feet  a  minute.     No  male  persons  under  eighteen  years 
or  woman  under  twenty-one  years  of  age  shall  be  permitted  or  directed  to 
clean  machinery  while  in  motion.     No  male  child  under  the  age  of  eighteen 
years,  nor  any  female,  shall  be  employed   in  any   factory   in   this   state   in 
operating  or  using  any  emery,  tripoli,  rouge,  corundum,  stone,  carborundum 
or  any  abrasive,  or  emery  polishing  or  buffing  wheel,  where  articles  of  the 
baser  metals  or  of  iridium  are  manufactured. 

3.  In  addition  to  the  cases  provided  for  in  the  foregoing  subdivisions,  the 
industrial  board,  when  as  a  result  of  its  investigations  it  finds  that  any  par- 
ticular trade,  process  of  manufacture,  or  occupation,  or  particular  method  of 
carrying  on  any  trade,  process  of  manufacture,  or  occupation,  is  dangerous 
or  injurious  to  the  health  of  minors  under  eighteen  years  of  age  employed 
therein,  shall  have  power  to  adopt  rules  and  regulations  prohibiting  or  regu- 
lating the  employment  of  such  minors  therein. 

4.  No  female  shall  be  employed  or  permitted  to  work  in  any  brass,  iron  or 
steel  foundry,  at  or  in  connection  with  the  making  of  cores  where  the  oven 
in  which  the  corefs  are  baked  is  located  and  is  in  operation  in  the  same  room 
or  space  in  which  the  cores  are  made.    The  erection  of  a  partition  separating 
the  oven  from  the  space  where  the  cores  are  made  shall  not  be  sufficient 
unless  the  said  partition  extends  from  the  floor  to  the  ceiling,  and  the  parti- 
tion is  so  constructed  and  arranged,  and  any  openings  therein  so  protected 
that  the  gases  and  fumes  from  the  core  oven  will  not  enter  the  room  or  space 


62  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

in  which  the  women  are  employed.  The  industrial  board  shall  have  power  to 
adopt  rules  and  regulations  regulating  the  construction,  equipment,  main- 
tenance and  operation  of  core  rooms  and  the  size  and  weight  of  cores  that 
may  be  handled  by  women,  so  as  to  protect  the  health  and  safety  of  women 
employed  in  core  rooms.  [As  am'd  by  L.  1909,  ch.  299,  L.  1910,  ch.  107,  and 
L.  1913,  ch.  484.] 

See  §  131,  post,  relative  to  employment  of  children  or  women  in  mines  or  quarries. 

Children  may  not  assume  the  obvious  risks  of  operating  dangerous  machinery 
contrary  to  this  section,  violation  of  which  is  prima  -facie  evidence  of  negligence. 
Gallenkanip  v.  Garvin  Machine  Co.,  179  N.  Y.  588,  reversing  91  App.  Div.  141,  on 
dissenting  opinion  below  ;  and  Rahn  v.  Standard  Optical  Co.,  110  App.  Div.  501. 
See  also  §  202,  post. 

§  93-a.  Employment  of  females  after  childbirth  prohibited.—  It  shall  be 
unlawful  for  the  owner,  proprietor,  manager,  foreman  or  other  person  in 
authority  of  any  factory,  mercantile  establishment,  mill  or  workshop  to 
knowingly  employ  a  female  or  permit  a  female  to  be  employed  therein  within 
four  weeks  after  she  has  given  birth  to  a  child.  [Added  ~by  L.  1912,  ch.  331.] 

§  93-b.  Period  of  rest  at  night  for  women. —  In  order  to  protect  the  health 
and  morals  of  females  employed  in  factories  by  providing  an  adequate  period 
of  rest  at  night  no  woman  shall  be  employed  or  permitted  to  work  in  any 
factory  in  this  state  before  six  o'clock  in  the  morning  or  after  ten  o'clock  in 
the  evening  of  any  day.  [Added  by  L.  1913,  ch.  83.] 

§  94.  Tenant-factories. —  A  tenant-factory  within  the  meaning  of  the  term 
as  used  in  this  chapter  is  a  building,  separate  parts  of  which  are  occupied 
and  used  by  different  persons,  companies  or  corporations,  and  one  or  more  of 
which  parts  is  so  used  as  to  constitute  in  law  a  factory.  The  owner,  whether 
or  not  he  is  also  one  of  the  occupants,  instead  of  the  respective  lessees  or 
tenants,  shall  be  responsible  for  the  observance  and  punishable  for  the  non- 
observance  of  the  following  provisions  of  this  article,  anything  in  any  lease 
to  the  contrary  notwithstanding, —  namely,  the  provisions  of  sections  seventy- 
nine,  eighty,  eighty-two,  eighty-three,  eighty-six,  ninety  and  ninety-one,  and 
the  provisions  of  section  eighty-one  with  respect  to  the  lighting  of  halls  and 
stairways;  except  that  the  lessees  or  tenants  also  shall  be  responsible  for  the 
observance  and  punishable  for  the  nonobservance  of  the  provisions  of  sections 
seventy-nine,  eighty,  eighty-six  and  ninety-one  within  their  respective  holdings. 
The  owner  of  every  tenant-factory  shall  provide  each  separate  factory  therein 
with  water-closets  in  accordance  with  the  provisions  of  section  eighty-eight, 
and  with  proper  and  sufficient  water  and  plumbing  pipes  and  a  proper  and 
sufficient  supply  of  water  to  enable  the  tenant  or  lessee  thereof  to  comply  with 
all  the  provisions  of  said  section.  But  as  an  alternative  to  providing  water- 
closets  within  each  factory  as  aforesaid,  the  owner  may  provide  in  the  public 
hallways  or  other  parts  of  the  premises  used  in  common,  where  they  will  be 
at  all  times  readily  and  conveniently  accessible  to  all  persons  employed  on  the 
premises  not  provided  for  in  accordance  with  section  eighty-eight,  separate 
water-closets  for  each  sex,  of  sufficient  numbers  to  accommodate  all  such  per- 
sons. Such  owner  shall  keep  all  water-closets  located  as  last  specified  at  all 
times  provided  with  proper  fastenings,  and  properly  screened,  lighted,  venti- 
lated, clean,  sanitary  and  free  from  all  obscene  writing  or  marking.  Outdoor 
water-closets  shall  only  be  permitted  where  the  commissioner  of  labor  shall 
decide  that  they  are  necessary  or  preferable,  and  they  shall  then  be  provided  in 


LAWS  RELATING  TO  LABOR.  *  63 

all  respects  in  accordance  with  his  directions.  The  owner  of  every  tenant-fac- 
tory shall  keep  the  entire  building  well  drained  and  the  plumbing  thereof  in  a 
clean  and  sanitary  condition;  and  shall  keep  the  cellar,  basement,  yards,  area- 
ways,  vacant  rooms  and  spaces,  and  all  parts  and  places  used  in  common  in  a 
clean,  sanitary  and  safe  condition,  and  shall  keep  such  parts  thereof  as  may 
reasonably  be  required  by  the  commissioner  of  labor  properly  lighted  at  all 
hours  or  times  when  said  building  is  in  use  for  factory  purposes.  The  term 
"  owner  "  as  used  in  this  article  shall  be  construed  to  mean  the  owner  or  owners 
of  the  freehold  of  the  premises,  or  the  lessee  or  joint  lessees  of  the  whole  thereof, 
or  his,  her  or  their  agent  in  charge  of  the  property.  The  lessee  or  tenant 
of  any  part  of  a  tenant-factory  shall  permit  the  owner,  his  agents  and 
servants,  to  enter  and  remain  upon  the  demised  premises  whenever  and  so 
long  as  may  be  necessary  to  comply  with  the  provisions  of  law,  the  responsi- 
bility for  which  is  by  this  section  placed  upon  the  owner;  and  his  failure  or 
refusal  so  to  do  shall  be  a  cause  for  dispossessing  said  tenant  by  summary 
proceedings  to  recover  possession  of  real  property,  as  provided  in  the  code 
of  civil  procedure.  And  whenever  by  the  terms  of  a  lease  any  lessee  or  tenant 
shall  have  agreed  to  comply  with  or  carry  out  any  of  such  provisions,  his 
failure  or  refusal  so  to  do  shall  be  a  cause  for  dispossessing  said  tenant  by 
summary  proceedings  as  aforesaid.  Except  as  in  this  article  otherwise  pro- 
vided the  person  or  persons,  company  or  corporation  conducting  or  operating 
a  factory  whether  as  owner  or  lessee  of  the  whole  or  of  a  part  of  the  building 
in  which  the  same  is  situated  or  otherwise,  shall  be  responsible  for  the 
observance  and  punishable  for  the  nonobservance  of  the  provisions  of  this 
article,  anything  in  any  lease  or  agreement  to  the  contrary  notwithstanding. 

See  notes  on   §§   79  and  86,  ante. 

§  95.  Unclean  factories. —  If  the  commissioner  of  labor  finds  evidence  of 
contagious  disease  in  any  factory  he  shall  affix  to  any  articles  therein  exposed 
to  such  contagion  a  label  containing  the  word  "  unclean  "  and  shall  notify 
the  local  board  of  health,  who  may  disinfect  such  articles  and  thereupon 
remove  such  label.  If  the  commissioner  of  labor  finds  that  any  workroom 
or  factory  is  foul,  unclean,  or  unsanitary,  he  may,  after  first  making  and 
filing  in  the  public  records  of  his  office  a  written  order  stating  the  reasons 
therefor,  affix  to  any  articles  therein  found  a  label  containing  the  word  "  un- 
clean." No  one  but  the  commissioner  of  labor  shall  remove  any  label  so 
affixed;  and  he  may  refuse  to  remove  it  until  such  articles  shall  have  been 
removed  from  such  factory  and  cleaned,  or  until  such  room  or  rooms  shall 
have  been  cleaned  or  made  sanitary.  [As  am'd  by  L.  1912,  ch.  334.] 

§  9G.  Definition  of  "  custodian." —  The  word  "  custodian  "  as  used  in  this 
article  shall  include  any  person,  organization  or  society  having  the  custody 
of  a  child. 

§  97.  Brass,  iron  and  steel  foundries. —  1.  Foundries  shall  be  subject  to  all 
the  provisions  of  this  chapter  relating  to  factories. 

2.  All  entrances  to  foundries  shall  be  so  constructed  and  maintained  as  to 
minimize  drafts,  and  all  windows  therein  shall  be  maintained  in  proper  con- 
dition and  repair. 

3.  All  gangways  in  foundries  shall  be  constructed  and  maintained  of  suffi- 
cient width  to  make  the  use  thereof  by  employees  reasonably  safe;  during  the 
progress  of  casting  such  gangways  shall  not  be  obstructed  in  any  manner. 


64*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

4.  Smoke,    steam    and    gases    generated    in    foundries    shall    be    effectively 
removed  therefrom,  in  accordance  with  such  rules  and  regulations  as  may  be 
adopted  with  reference  thereto  by  the  industrial  board,  and  whenever  required 
by  the  regulations  of  such  board,  exhaust  fans  of  sufficient  capacity  and  power, 
properly  equipped  with  ducts  and  hoods,  shall  be  provided  and  operated  to 
remove  such  smoke,  steam  and  gases.     The  milling  and  cleaning  of  castings, 
and  milling  of  cupola  cinders,   shall  be  done  under   such   conditions  to  be 
prescribed   by    the    rules    and    regulations    of    the    industrial    board    as    will 
adequately  protect  the  persons  employed  in  foundries  from  the  dust  arising 
during  the  process. 

5.  All  foundries  shall  be  properly  and  thoroughly  lighted  during  working 
hours  and  in  cold  weather  proper  and  sufficient  heat  shall  be  provided  and 
maintained  therein.     The  use  of  heaters  discharging  smoke  or  gas  into  work- 
rooms is  prohibited.     In  all  foundries  suitable  provisions  shall  be  made  and 
maintained  for  drying  the  working  clothes  of  persons  employed  therein. 

'ft.  In  every  foundry  in  which  ten  or  more  persons  are  employed  or  engaged 
at  labor,  there  shall  be  provided  and  maintained  for  the  use  of  employees 
therein  suitable  and  convenient  washrooms  of  sufficient  capacity  adequately 
equipped  with  hot  and  cold  water  service;  such  washrooms  shall  be  kept  clean 
and  sanitary  and  shall  be  properly  heated  during  cold  weather.  In  every 
such  foundry  lockers  shall  be  provided  for  the  safe-keeping  of  employees'  cloth- 
ing. In  every  foundry  in  which  more  than  ten  persons  are  employed  or 
engaged  at  labor  where  water  closets  or  privy  accommodations  are  permitted 
by  the  commissioner  of  labor  to  remain  outside  of  the  factory  under  the 
provisions  of  section  eighty-eight  of  this  chapter,  the  passageway  leading 
from  the  foundry  to  the  said  water  closets  or  privy  accommodations  shall  be 
so  protected  and  constructed  that  the  employees  in  passing  thereto  or  there- 
from shall  not  be  exposed  to  outdoor  atmosphere  and  such,  water  closets  or 
privy  accommodations  shall  be  properly  heated  during  cold  weather. 

7.  The  flasks,  molding  machines,  ladles,  cranes  and  apparatus  for  transport- 
ing molten  metal  in  foundries  shall  be  maintained  in  proper  condition  and 
repair,  and  any  such  tools  or  implements  that  are  defective  shall  not  be  used 
until  properly  repaired.  There  shall  be  in  every  foundry,  available  for  im- 
mediate use,  an  ample  supply  of  lime  water,  olive  oil,  vaseline,  bandages  and 
absorbent  cotton,  to  meet  the  needs  of  workmen  in  case  of  burns  or  other 
accidents;  but  any  other  equally  efficacious  remedy  for  burns  may  be  sub- 
stituted for  those  herein  prescribed.  [Added  ly  L.  1913,  ch.  201.] 

§  98.  Labor  camps. — -Every  employer  operating  a  factory,  and  furnishing 
to  the  employees  thereof  any  living  quarters  at  any  place  outside  the  factory, 
either  directly  or  through  any  third  person  by  contract  or  otherwise,  shall 
maintain  such  living  quarters  and  every  part  thereof  in  a  thoroughly  sanitary 
condition.  The  industrial  board  shall  have  power  to  make  rules  and  regula- 
tions to  provide  for  the  sanitation  of  such  living  quarters.  The  commissioner 
of  labor  may  enter  and  inspect  any  such  living  quarters.  [Added  by  L.  1913, 
ch.  195.] 

§  99.  Dangerous  trades.— Whenever  the  industrial  board  shall  find  as  a 
result  of  its  investigations  that  any  industry,  trade  or  occupation  by  reason  of 
the  nature  of  the  materials  used  therein  or  the  products  thereof  or  by  reason 
of  the  methods  or  processes  or  machinery  or  apparatus  employed  therein  or 


LAWS  RELATING  TO  LABOR.  *  65 

by  reason  of  any  other  matter  or  thing  connected  with  such  industry,  trade  or 
occupation,  contains  such  elements  of  danger  to  the  lives,  health  or  safety  of 
persons  employed  therein  as  to  require  special  regulation  for  the  protection 
of  such  persons,  said  board  shall  have  power  to  make  such  special  rules  and 
regulations  as  it  may  deem  necessary  to  guard  against  such  elements  of  danger 
by  establishing  requirements  as  to  temperature,  humidity,  the  removal  of 
dusts,  gases  or  fumes  and  requiring  licenses  to  be  applied  for  and  issued  by 
the  commissioner  of  labor  as  a  condition  of  carrying  on  any  such  industry, 
trade  or  occupation  and  requiring  medical  inspection  and  supervision  of  per- 
sons employed  and  applying  for  employment  and  by  other  appropriate  means. 
[Added  by  L.  1913,  ch.  199.] 

§  99-a.  Laws  to  be  posted. —  Copies  or  digests  of  the  provisions  of  this 
chapter  and  of  the  rules  and  regulations  of  the  industrial  board,  applicable 
thereto,  in  English  and  in  such  other  languages  as  the  commissioner  of  labor 
may  require,  to  be  prepared  and  furnished  by  the  commissioner  of  labor,  shall 
be  kept  posted  by  the  employer  in  such  conspicuous  place  or  places  as  the 
commissioner  of  labor  may  direct  on  each  floor  of  every  factory  where  persons 
are  employed  who  are  affected  by  the  provisions  thereof.  [Originally  §  68  of 
article  5;  renumbered,  transferred  and  am'd  by  L.  1913,  ch.  145.] 


ARTICLE    7. 
Tenement-made  Articles. 

[An  earlier  statute  (L.  1884,  ch.  272),  which  attempted  to  prohibit  the  manu- 
facture of  cigars  in  tenements,  was  declared  unconstitutional  (Matter  of  Jacobs, 
98  N.  Y.  9$).  Violation  is  a  misdemeanor  (Penal  Law,  §  1275,  post).  ''Tenement 
house"  is  defined  in  §  2,  ante]. 

Section  100.  Manufacturing,   altering,   repairing  or  finishing  articles   in   tenements. 

101.  Register  of  persons  to  whom  work  is  given  ;  identification  label. 

102.  Goods  unlawfully  manufactured  to  be  labelled. 

103.  Powers    and    duties    of    boards    of   health    relative    to    tenement-made 

articles. 

104.  Manufacture  of  certain  articles  in  tenements  prohibited. 

105.  Owners  of  tenement  houses   not   to  permit  the  unlawful   use  thereof. 

106.  Factory  permits. 

§  100.  Manufacturing,  altering,  repairing  or  finishing  articles  in  tene- 
ments.— 1.  No  tenement  house  nor  any  part  thereof  shall  be  used  for  the 
purpose  of  manufacturing,  altering,  repairing  or  finishing  therein,  any 
articles  whatsoever  except  for  the  sole  and  exclusive  use  of  the  person  so  using 
any  part  of  such  tenement  house  or  the  members  of  his  household,  without 
a  license  therefor  as  provided  in  this  article.  But  nothing  herein  contained 
shall  apply  to  collars,  cuffs,  shirts  or  shirt  waists  made  of  cotton  or  linen 
fabrics  that  are  subjected  to  the  laundry  ing  process  before  being  offered  for 
sale. 

2.  Application  for  such  a  license  shall  be  made  to  the  commissioner  of 
labor  by  the  owner  of  such  tenement  house,  or  by  his  duly  authorized  agent. 
Such  application  shall  describe  the  house  by  street  number  or  otherwise,  as 
the  case  may  be,  in  such  manner  as  will  enable  the  commissioner  of  labor 
easily  to  find  the  same;  it  shall  also  state  the  number  of  apartments  in  such 
house;  it  shall  contain  the  full  name  and  address  of  the  owner  of  the  said 

3 


66*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

house,  and  shall  be  in  such  form  as  the  commissioner  of  labor  may  deter- 
mine. Blank  applications  shall  be  prepared  and  furnished  by  the  commis- 
sioner of  labor. 

3.  Upon  receipt  of  such  application  the  commissioner  of  labor  shall  con- 
sult the  records  of  the  local  health  department  or  board,  or  other   appro- 
priate local  authority  charged  with  the  duty  of  sanitary  inspection  of  such 
houses;    if  such  records  show  the  presence  of  any  infectious,  contagious  or 
communicable  disease,  or  the  existence  of  any  uncomplied-with  order  or  vio- 
lations whi-ih  indicate  the  presence  of  unsanitary  conditions  in  such  house, 
the  commissioner  of  labor  may,  without  making  an  inspection  of  the  build- 
ing, deny  such  application  for  a  license,  and  may  continue  to  deny  such  ap- 
plication until  such  time  as  the  records  of  said  department,  board  or  other 
local  authority  show  that  the  said  tenement  house  is  free  from  the  presence 
of  infectious,  contagious  or  communicable  disease,  and  from  all  unsanitary 
conditions.     Before,  however,  any   such  license  is  granted,  an  inspection   of 
the  building  sought  to   be  licensed  must  be  made  by   the   commissioner  of 
labor,  and  a  statement  must  be  fifed  by  him  as  a  matter  of  public  record,  to 
the  effect  that  the  records  of  the  local  health  department  or  board  or  other 
appropriate  authority  charged  with  the  duty  of  sanitary  inspection  of  such 
houses  show  the  existence  of  no  infectious,  contagious  or  communicable  disease 
nor  of  any  unsanitary  conditions  in  the  said  house;  such  statement  must  be 
dated  and  signed  in  ink  with  the  full  name  of  the  employee  responsible  there- 
for.    A  similar  statement  similarly  signed,  showing  the  results  of  the  inspec- 
tion of  the  said  building,  must  also  be  filed  in  the  office  of  the  commissioner 
of  labor  before  any  license  is  granted.     If  the  commissioner  of  labor  ascertain 
that  such  building  is  free  from  infectious,  contagious  or  communicable  disease, 
that  there  are  no  defects  of  plumbing  that  will  permit  the  entrance  of  sewer 
air,  that  such  building  is  in  a  clean  and  proper  sanitary  condition  and  that 
articles  may  be  manufactured  therein  under  clean  and  healthful  conditions,  he 
shall  grant  a  license  permitting  the  use  of  such  building,  for  the  purpose  of 
manufacturing. 

4.  Such  license  may  be  revoked  by  the  commissioner  of  labor  if  the  health 
of  the  community  or  of  the  employees  requires  it,  or  if  the  owner  of  the 
said  tenement  house,  or  his  duly  authorized  agent,  fails  to  comply  with  the 
orders  of  the  commissioner  of  labor  within  ten  days  after  the  receipt  of  such 
orders,  or  if  it  appears  that  the  building  to  which  such  license  relates  is  not 
in   a    healthy   and   proper   sanitary   condition,   or    if   children    are  employed 
therein  in  violation  of  section  seventy  of  this  chapter.     In  every  case  where  a 
license  is  revoked  or  denied  by  the  commissioner  of  labor  the  reasons  therefor 
shall  be  stated  in  writing,  and  the  records  of  such  revocation  or  denial  shall 
be  deemed  public  records.     Where  a  license  is  revoked,  before  such  tenement 
house  can  again  be  used  for  the  purposes  specified  in  this  section,  a  new 
license  must  be  obtained,  as  if  no  license  had  previously  existed. 

5.  Every  tenement  house  and  all  the  parts  thereof  in  which  any  articles  arc 
manufactured,  altered,  repaired  or  finished  shall  be  kept  in  a  clean  and  sani- 
tary condition  and  shall  be  subject  to  inspection  and  examination  by  the  com- 
missioner of  labor,  for  the  purpose  of  ascertaining  whether  said  garments  or 
articles,  or  part  or  parts  thereof,  are  clean  and  free  from  vermin  and  every 
matter  of  an  infectious  or  contagious  nature.    An  inspection  shall  be  made  by 
the  commissioner  of  labor  of  each  licensed  tenement  house  not  less  than  once 


LAWS  RELATING  TO  LABOR.  *  G7 

in  every  six  months,  to  determine  its  sanitary  condition,  and  shall  include  all 
parts  of  such  house  and  the  plumbing  thereof.  Before  making  such  inspec- 
tion the  commissioner  of  labor  may  consult  the  records  of  the  local  depart- 
ment or  board  charged  with  the  duty  of  sanitary  inspection  of  tenement 
houses,  to  determine  the  frequency  of  orders  issued  by  such  department  or 
board  in  relation  to  the  said  tenement  house,  since  the  last  inspection  of  such 
building  was  made  by  the  commissioner  of  labor.  Whenever  the  commissioner 
of  labor  finds  any  unsanitary  condition  in  a  tenement  house  for  which  a 
license  has  been  issued  as  provided  in  this  section,  he  shall  at  once  issue  an 
order  to  the  owner  thereof  directing  him  to  remedy  such  condition  forthwith. 
Whenever  the  commissioner  of  labor  finds  any  articles  manufactured,  altered, 
repaired  or  finished,  or  in  process  thereof,  in  a  room  or  apartment  of  a  tene- 
ment house,  and  such  room  or  apartment  is  in  a  filthy  condition,  he  shall 
notify  the  tenants  thereof  to  immediately  clean  the  same,  and  to  maintain  it  in 
a  cleanly  condition  at  all  times;  where  the  commissioner  of  labor  finds  such 
room  or  apartment  to  be  habitually  kept  in  a  filthy  condition,  he  may  in  his 
discretion  cause  to  be  affixed  to  the  entrance  door  of  such  apartment  a  placard 
calling  attention  to  such  facts  and  prohibiting  the  manufacture,  alteration, 
repair  or  finishing  of  any  articles  therein.  No  person,  except  the  commis- 
sioner of  labor,  shall  remove  or  deface  any  such  placard  so  affixed. 

See  provision  for  "  tagging  "  of  infected  or  unclean  goods  specified  in  this  section, 
in  tenant-factories  in  §  95,  ante, 

6.  No  articles  shall  be  manufactured,  altered,  repaired  or  finished  in  any 
room  or  apartment  of  a  tenement  house  where  there  is  or  has 
been  a  case  of  infectious,  contagious  or  communicable  disease  in  such  room  or 
apartment,  until  such  time  as  the  local  department  or  board  of  health  shall 
certify  to  the  commissioner,  of  labor  that  such  disease  has  terminated,  and 
that  said  room  or  apartment  has  been  properly  disinfected,  if  disinfection  after 
such  disease  is  required  by  the  local  ordinances,  or  by  the  rules  or  regulations 
of  such  department  or  board.  No  articles  shall  be  manufactured,  altered,  re- 
paired or  finished  in  a  part  of  a  cellar  or  basement  of  a  tenement  house,  which 
is  more  than  one-half  of  its  height  below  the  level  of  the  curb  or  ground'  out- 
side of  or  adjoining  the  same;  but  this  prohibition  shall  not  apply  to  the 
use  for  a  bakery  of  a  cellar  for  which  a  certificate  of  exemption  is  issued 
under  section  one  hundred  and  sixteen  of  this  chapter.  No  person  shall  hire, 
employ  or  contract  with  any  person  to  manufacture,  alter,  repair  or  finish 
any  articles  in  any  room  or  apartment  in  any  tenement  house  no.t  having  a 
license  therefor  issued  as  aforesaid.  No  articles  shall  be  manufactured, 
altered,  repaired  or  finished  in  any  room  or  apartment"  of  a  tenement  house 
unless  said  room  or  apartment  shall  be  well  lighted  and  ventilated  and  shall 
contain  at  least  five  hundred  cubic  feet  of  air  space  for  every  person  working 
therein,  or  by  any  person  other  than  the  members  of  the  family  living  therein ; 
except  that  in  licensed  tenement  houses  persons  not  members  of  the  family 
may  be  employed  in  apartments  on  the  ground  floor  or  second  floor,  used  only 
for  shops  of  dressmakers  who  deal  solely  in  the  custom  trade  direct  to  the 
consumer,  provided  that  such  apartments  shall  be  in  the  opinion  of  the 
commissioner  of  labor  in  the  highest  degree  sanitary,  well  lighted,  well  venti- 
lated and  plumbed,  and  provided  further  that  the  whole  number  of  persons 
therein  shall  not  excee*d  one  to  each  one  thousand"  cubic  feet  of  air  space,  and 
that  there  shall  be  no  children  under  fourteen  years  of  age  living  or  working 


68*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

therein?;  before  any  such  room  or  apartment  can  be  so  used  a  special  permit 
therefor  shall  b,e  issued  by  the  commissioner  of  labor,  a  copy  of  which  shall  be 
entered  in  his*  publi'c  records  with  a  statement  of  the  reasons  therefor.  Nothing 
in  this  section  contained  shaH  prevent  the  employment  of  a  tailor  or  seamstress 
by  any  person  or  family  for  the  purpose  of  making,  .altering,  repairing  or 
finishing  any.  article  of  wearing  apparel  for  the  use  of  such  person  or  family. 
Nor  shall  this  article  apply  to  a  house  if  the  only  manufacturing  therein 
be  carried  on  in  a  shop  on  the  main  or  ground  floor  thereof  with  a  separate 
entran'ce  to  the  street,  unconnected  with  living  rooms  and  .entirely  separate 
from  the  rest  of  the  building  by  closed  partitions  without  any  openings 
whatsoever  and  not  used'  for  sleeping  or  cooking.  [As  am'd  ly  L.  1913,  ch. 
260.] 

§  101.  Register  of  persons  to  whom  work  is  given;  identification  label. — 
Every  employer  in  any  factory  contracting  for  the  manufacturing,  altering, 
repairing  or  finishing  of  any  articles  in  a  tenement  house  or  giving  out 
material  from  which  they,  or  any  part  of  them  are  to  be  manufactured,  altered, 
repaired  or  finished,  in  a  tenement  house,  shall  keep  a  register  of  the  names 
and  addresses  plainly  written  in  English  of  the  persons  to  whom  such  articles 
or  materials  are  given  to  be  so  manufactured,  altered,  repaired  or  finished 
or  with  whom  they  have  contracted  to  do  the  same,  and  shall  issue  with 
all  such  articles  or  materials  a  label  bearing  the  name  and  place  of  business 
of  such  factory  written  or  printed  legibly  in  English.  It  shall  be  incumbent 
upon  every  employer  and  upon  all  persons  contracting  for  the  manufacturing, 
altering,  repairing  or  finishing  of  any  articles  or  giving  out  material  from 
which  they  or  any  part  of  them  are  to  be  manufactured,  altered,  repaired 
or  finished,  before  giving  out  any  such  articles  or  materials  to  ascertain  from 
the  office  of  the  commissioner  of  labor  whether  the  tenement  house  in  which 
such  articles  or  materials  are  to  be  manufactured,  altered,  repaired  or  fin- 
ished, is  licenteed  as  provided  in  this  article,  and  also  to  ascertain  from  the 
local  department  or  board  of  health  the'  names  and  addresses  of  all  persons 
then*' sick  of  any  infectious,  contagious  or  communicable  disease,  and  residing 
in  tenement  houses;  and  none  of  the  said  articles  nor  any  material  from 
which  they  or  any  part  of  them,  are  to  be  manufactured,  altered,  repaired 
or  finis-hed  shall  be  given  out  or  sent  to  any  person  residing  in  a  tenement 
house  that  is  not  licensed  as  provided  in  this  article,  or  to  any  person  resid- 
ing in  a  room  or  apartment  in  which-  there  exis-ts  any  infectious,  contagious 
or  communicable  disease.  The  register  mentioned  in  this  section-  shall  be 
subject  to  inspection  by  the  commissioner  of  labor,  and  a  copy  thereof  shall 
be  furnished  on  his  demand  as  well  as  such  other  information  as  he  may 
require.  The  label  mentioned  in  this  section  shall  be  exhibited  on  the  de- 
mand of  the  commissioner  of  labor  at  any  time  while  said  articles  or  materials 
remain  in  the  tenement  house.  [As  am'd  6t/  L.  1913,  ch.  260.] 

§  102.  Goods  unlawfully  manufactured  to  be  labeled.— Articles  manu- 
factured, altered,  repaired  or  finished  in  a  tenement  house  contrary  to  the 
provisions  of  this  chapter  shall  not  be  sold  or  exposed  for  sale  by  any  person. 
The  commissiomer  of  labor  may  conspicuously  affix  to  any  such  article  found 
to  be  unlawfully  manufactured,  altered,  repaired  or  finished,  a  label  con- 
taining the  words  "tenement  made"  printed  in  small  pica  capital  letters 
on  a  tag  not  less  than  four  inches  in  length,  or  may  seize  and  hold  such 
article  until  the  same  shall  be  disinfected  or  cleaned  at  the  owner's  expense, 


LAWS  RELATING  TO  LABOR.  *  69 

or  until  all  provisions  of  this  chapter  are  complied  with.  The  commissioner 
of  labor  shall  notify  the  person  stated  by  the  person  in  possession  of  said 
article  to  be  the  owner  thereof,  that  he  has  so  labeled  or  seized  it.  No  person 
except  the  commissioner  of  labor,  or  a  local  board  of  health  in  a  case  pro- 
vided for  in  section  one  hundred  and  three,  shall  remove  or  deface  any  tag 
or  label  so  affixed.  Unless  the  owner  or  person  entitled  to  the  possession  of 
an  article  so  seized  shall  provide  for  the  disinfection  or  cleaning  thereof 
within  one  month  thereafter  it  may  be  destroyed.  [As  am'd  "by  L.  1913,  ch. 
260.] 

§  103.  Powers  and  duties  of  boards  of  health  relative  tc  tenement-made 
articles. —  If  the  commissioner  of  labor  finds  evidence  of  disease  present  in  a 
room  or  apartment  in  a  tenement  house  in  which  any  articles  are  manufac- 
tured, altered,  repaired  or  finished  or  in  process  thereof,  he  shall  affix 
to  such  article  the  label  prescribed  in  the  preceding  section,  and  immediately 
report  to  the  local  board  of  health,  who  shall  disinfect  such  articles,  if  neces- 
sary, and  thereupon  remove  such  label.  If  the  commissioner  of  labor  finds  that 
infectious,  contagious  or  communicable  diseases  exist  in  a  room  or  apartment 
of  a  tenement  house  in  which  any  articles  are  being  manufactured,  altered, 
repaired  or  finished,  or  that  articles  manufactured  or  in  process  of  manu- 
facture therein  are  infected  or  that  goods  used  therein  are  unfit  for  use, 
he  shall  report  to  the  local  .board  of  health.  The  local  health  department 
or  board  in  every  city,  town  and  village  whenever  there  is  any  infectious, 
contagious  or  communicable  disease  in  a  tenement  house  shall  cause  an  in- 
spection of  such  tenement  house  to  be  made  within  forty-eight  hours.  If 
any  articles  are  found  to  be  manufactured,  altered,  repaired  or  finished,  or 
in  process  thereof  in  an  apartment  in  which  such  disease  exists,  such  board 
shall  issue  such  order  as  the  public  health  may  require,  and  shall  at  once 
report  such  facts  to  the  commissioner  of  labor,  furnishing  such  further  in- 
formation as  he  may  require.  Such  board  may  condemn  and  destroy  all  such 
infected  article  or  articles  manufactured  or  in  the  process  of  manufacture 
under  unclean  or  unhealthful  conditions.  The  local  health  department  or 
board  or  other  appropriate  authority  charged  with  the  duty  of  sanitary  in- 
spection of  such  houses  in  every  city,  town  and  village  shall,  when  so  re- 
quested by  the  commissioner  of  labor,  furnish  copies  of  its  records  as  to  the 
presence  of  infectious,  contagious  or  communicable  disease,  or  of  unsanitary 
conditions  in  said  houses;  and  shall  furnish  such  other  information  as  may 
be  necessary  to  enable  the  commissioner  of  labor  to  carry  out  the  pro- 
visions of  this  article.  [As  am'd  ~by  L.  1913,  ch.  260.] 

With  this  section  is  to  be  compared  section  33  of  the  Public  Health  Law  (ch. 
49,  Consolidated  Laws),  which  reads  as  follows: 

Section  83.  Manufactures  in  tenement  houses  and  dwellings. —  No  room  or 
apartment  in  a  tenement  or  dwelling  house,  used  for  eating  or  sleeping  purposes, 
shall  be  used  for  the  manufacture,  wholly  or  partly,  of  coats,  vests,  trousers,  knee- 
pants,  overalls,  cloaks,  shirts,  purses,  feathers,  artificial  flowers  or  cigars,  except 
by  the  members  of  the  family  living  therein,  which  shall  include  a  husband  and 
wife  and  their  children,  or  the  children  of  either.  A  family  occupying  or  controlling 
such  a  workshop  shall,  within  fourteen  days  from  the  time  of  beginning  work  therein, 
notify  the  board  of  health  of  the  city,  village  or  town,  where  such  workshop  is 
located,  or  a  special  inspector  appointed  by  such  board,  of  the  location  of  such 
workshop,  the  nature  of  the  work  carried  on,  and  the  number  of  persons  em- 
ployed therein  ;  and  thereupon  such  board  shall,  if  it  deems  advisable,  cause  a  permit 
to  be  issued  to  such  family  to  carry  on  the  manufacture  specified  in  the  notice. 


70*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

Such  board  may  appoint  as  many  persons  as  it  deems  advisable  to  act  as  special 
inspectors.  Such  special  inspectors  shall  receive  no  compensation,  but  may  be  paid 
by  the  board  their  reasonable  and  necessary  expenses.  If  a  board  of  health  or 
such  inspector  shall  find  evidence  of  infectious  or  contagious  diseases  present  in 
any  workshop,  or  in  goods  manufactured  or  in  process  of  manufacture  therein,  the 
board  shall  issue  such  orders  as  the  public  health  may  require,  and  shall  condemn 
and  destroy  such  infectious  and  contagious  articles,  and  may,  if  necessary  to  pro- 
tect the  public  health,  revoke  any  permit  granted  by  it  for  manufacturing  goods 
in  such  workshop.  If  a  board  of  health  or  any  such  inspector  shall  discover  that 
any  such  goods  are  being  brought  into  the  state,  having  been  manufactured,  in 
whole  or  in  part,  under  unhealthy  conditions,  such  board  or  inspector  shall  examine 
such  goods,  and  if  they  are  found  to  contain  vermin,  or  to  have  been  made  in 
improper  places  or  under  unhealthy  conditions,  the  board  may  make  such  orders 
as  the  public  health  may  require,  and  may  condemn  and  destroy  such  goods. 

$  104.  Manufacturing  of  certain  articles  in  tenements  prohibited. —  Xo  arti~ 
cle  of  food,  no  dolls  or  dolls'  clothing  and  no  article  of  children's  or  infants* 
wearing  apparel  shall  be  manufactured,  altered,  repaired  or  finished,  in  whole 
or  in  part,  for  a  factory,  either  directly  or  through  the  instrumentality  of 
one  or  more  contractors  or  other  third  person,  in  a  tenement  house,  in  any 
portion  of  an  apartment,  any  part  of  which  is  used  for  living  purposes. 
[Added  by  L.  1913,  ch.  260.] 

§  105.  Owners  of  tenement  houses  not  to  permit  the  unlawful  use  thereof.— 
The  owner  or  agent  of  a  tenement  house  shall  not  permit  the  use  thereof 
for  the  manufacture,  repair,  alteration  or  finishing,  of  any  article  contrary 
to  the  provisions  of  this  chapter.  If  a  room  or  apartment  in  such  tenement 
house  be  so  unlawfully  used,  the  commissioner  of  labor  shall  serve  a  notice 
thereof  upon  such  owner  or  agent.  "Unless  such  owner  or  agent  shall  cause 
such  unlawful  manufacture  to  be  discontinued  within  ten  days  after  the 
service  of  such  notice,  or  within  ^fifteen  days  thereafter  institutes  and  faith- 
fully prosecutes  proceedings  for  dispossession  of  the  occupant  of  a  tenement 
house,  who  unlawfully  manufactures,  repairs,  alters  or  finishes  any  articles 
therein,  he  shall  «be  deemed  guilty  of  a  violation  of  this  chapter  as  if  he, 
himself,  was  engaged  in  such  unlawful  manufacture,  repair,  alteration  or 
finishing.  The  unlawful  manufacture,  repair,  alteration  or  finishing  of  any 
articles  by  the  occupant  of  a  room  or  apartment  of  a  tenement  house  shall 
be  a  cause  for  dispossessing  such  occupant  by  summary  proceedings  to  re- 
cover possession  of  real  property,  as  provided  in  the  code  of  civil  procedure. 
[As  am'd  by  L.  1913,  ch.  260.] 

§  106.  Factory  permits. —  The  owner  of  every  factory  for  which  any  articles 
are  manufactured  in  any  tenement  house  shall  secure  a  permit  .therefor  from 
the  commissioner  of  labor  who  shall  issue  such  permit  to  any  such 
owner  applying  therefor.  Such  permit  may  be  revoked  or  suspended  by  the 
commissioner  of  labor  whenever  any  provision  of  this  article  or'  of  section 
seventy  of  this  chapter  is  violated  in  connection  with  any  work  for  such 
factory.  Such  permit  may  be  reissued  or  reinstated  in  the  discretion1  of  the 
commissioner  when  such  violation  has  ceased.  £\V>  articles  shall  be  manu- 
factured in  any  tenement  house  for  any  factory  for  which  nd  permit  has 
been  issued  or  for  any  factory  whose  permit  is  suspended  or  revoked.  A 
complete  list  of  all  factories  holding  such  permits,  together  with  the  name 
of  the  owner  of  each  such  factory,  the  address  of  the  ^business  and  the  name 
under  which  it  is  carried  on,  and  of  all  tenement  houses  holding  licenses, 
and  a  list  of  all  permits  and  licenses  revoked  or  suspended  shall  be  published 
from  time  to  time  by  the  department  of  labor.  {Added  by  L.  1913,  ch.  260.] 


LAWS  RELATING  TO  LABOR.  *  71 


ARTICLE  8. 
Bakeries  and  Confectioneries. f 

[Non-compliance  with  the  provisions  of  this  article  is  a  misdemeanor  (Penal  Law, 
§  1275,  post).  The  provisions  of  article  6  as  to  factories  generally,  apply  to 
bakeries  and  confectioneries:  §  111.] 

Section    110.  Enforcement  of  article. 

111.  Definitions. 

11?.  General  requirements. 

113.  Maintenance. 

113a.  Prohibited  employment  of  diseased   bakers. 

114.  Inspection  of  bakeries. 

115.  Sanitary  certificates. 

116.  Prohibition  of  future  cellar  bakeries. 

117.  Sanitary  code  for  bakeries  and  confectioneries. 

§  110.  Enforcement  of  article.— In  every  city  of  the  first  class  the  health 
department  of  such  city  shall  have  exclusive  jurisdiction  to  enforce  the  pro- 
visions of  this  article.  In  the  application  of  any  provision  of  this  article 
to  any  city  of  the  first  class,  the  words  "  commissioner  of  labor  "  or  "  depart- 
ment of  labor  "  shall  be  understood  to  mean  the  health  department  of  such 
city.  [Added  by  L.  1913,  ch.  403.] 

§  111.  Definitions. —  All  buildings,  rooms  or  places  used  or  occupied  for 
the  purpose  of  making,  preparing  or  baking  bread,  biscuits,  pastry,  cakes, 
doughnuts,  crullers,  noodles,  macaroni  or  spaghetti  to  be  sold  or  consumed 
on  or  off  the  premises,  except  kitchens  in  hotels,  restaurants,  boarding  houses 
or  private  residences  wherein  such  products  are  prepared  to  be  used  and  are 
used  exclusively  on  the  premises,  shall  for  the  purpose  of  this  article  be 
deemed  bakeries.  The  commissioner  of  labor  shall  have  the  same  powers 
with  respect  to  the  machinery,  safety  devices  and  sanitary  conditions  in 
hotel  bakeries  that  he  has  with  respect  thereto  in  bakeries  as  defined  iby 
this  chapter.  In  cities  of  the  first  class  the  health  department's  jurisdiction 
over  hotel  bakeries  shall  not  extend  to  the  machinery  safety  devices  and 
hours  of  labor  of  employees  therein.  The  term  cellar  when  used  in  this 
article  shall  mean  a  room  or  a  part  of  a  building  which  is  more  than  one- 
half  its  height  below  the  level  of  the  curb  or  ground  adjoining  the  building 
(excluding  areaways).  The  term  owner  as  used  in  this  a.rticle  shall  be 
construed  to  mean  the  owner  or  owners  of  the  freehold  of  the  premises,  or 
the  lessee  or  joint  lessees  of  the  whole  thereof,  or  his,  her  or  their  agent  inl 
charge  of  the  property.  The  term  occupier  shall  be  construed  to  mean  the 
person,  firm  or  corporation  in  actual  possession  of  the  premises,  who  either 
himself  makes,  prepares  or  bakes  any  of  the  articles  mentioned  in  this  sec- 
tion, or  hires  or  employs  others  to  do  it  for  him.  Bakeries  are  factories 
within  the  meaning  of  this  chapter,  and  subject  to  all  the  provisions  of  article 
six  hereof.  [As  am'd  by  L.  1911,  ch.  637,  and  L.  1913,  ch.  463.] 

§  112.  General  requirements. —  All  bakeries  shall  be  provided  with  proper 
and  sufficient  drainage  and  with  suitable  sinks,  supplied  with  clean  running 
water  for  the  purpose  of  washing  and  keeping  clean  the  utensils  and  appa- 
ratus used  therein.  All  bakeries  shall  be  provided  with  proper  and  adequate 
windows,  and  if  required  by  the  rules  and  regulations  of  the  industrial  board, 

t  As  to  bakeries  in  tenement  houses,  see  the  Tenement  House  Law  (ch.  61,  Con- 
solidated Laws),  §  40. 


72  *  REPOKT  OF  THE  COMMISSION EK  OF  LABOR,  1913. 

with  ventilating  hoods  and  pipes  over  ovens  and  ashpits,  or  with  other 
mechanical  means,  to  so  ventilate  same  as  to  render  harmless  to  the  persons 
working  therein  any  steam,  gases,  vapors,  dust,  excessive  heat  or  any  im- 
purities that  may  be  generated  or  released  by  or  in  the  process  of  making, 
preparing  or  baking  in  said  bakeries.  Every  bakery  shall  be  at  least  eight 
feet  in  height  measured  from  the  surface  of  the  finished  floor  to  the  under 
side  of  the  ceiling,  and  shall  have  a  flooring  of  even,  smooth  cement,  or  of 
tiles  laid  in  cement,  or  a  wooden  floor,  so  laid  and  constructed  as  to  be  free 
from  cracks,  holes  and  interstices,  except  that  any  cellar  or  basement  less 
than  eight  feet  in  height  which  was  used  for  a  bakery  on  the  second  day  of 
May,  eighteen  hundred  and  ninety-five,  need  not  be  altered  to  conform  to 
this  provision  with  respect  to  height;  the  side  walls  and  ceilings  shall  be 
either  plastered,  ceiled  or  wainscoted.  Every  bakery  shall  be  provided  with 
a  sufficient  number  of  water-closets,  and  such  water-closets  shall  be  separate 
and  apart  from  and  unconnected  with  the  bakeroom  or  rooms  where  food 
products  are  stored  or  sold.  [As  am'd  by  L.  1911,  ch.  637,  and  L.  1913,  ch. 
463.] 

§  113.  Maintenance. —  All  floors,  walls,  stairs,  shelves,  furniture,  utensils, 
yards,  areaways,  plumbing,  drains  and  sewers,  in  or  in  connection  with  bak- 
eries, or  in  bakery  water-closets  and  washrooms,  or  rooms  where  raw  materials 
are  stored,  or  in  rooms  where  the  manufactured  product  is  stored,  shall  at 
all  times  be  kept  in  good  repair,  and  maintained  in  a  clean  and  sanitary 
condition,  free  from  all  kinds  of  vermin.  All  interior  woodwork,  walls  and 
ceilings  shall  be  painted  or  limewashed  once  every  three  months,  where  so 
required  by  the  commissioner  of  labor.  Proper  sanitary  receptacles  shall 
be  provided  and  used  for  storing  coal,  ashes,  refuse  and  garbage.  Receptacles 
for  refuse  and  garbage  shall  have  their  contents  removed  from  bakeries  daily 
and  shall  be  maintained  in  a  clean  and  sanitary  condition  at  all  times;  the 
use  of  tobacco  in  any  form  in  a  bakery  or  room  where  raw  material  or 
manufactured  product  of  such  bakery  is  stored  is  prohibited.  No  person 
shall  sleep,  or  be  permitted,  allowed  or  suffered  to  sleep  in  a  bakery,  or  in 
any  room  where  raw  material  or  the  manufactured  product  of  such  bakery 
is  stored  or  sold,  and  no  domestic  animals  or  birds,  except  cats  shall  be 
allowed  to  remain  in  any  such  rooms.  Mechanical  means  of  ventilation,  when 
provided,  shall  be  effectively  used  and  operated.  Windows,  doors  and  other 
openings  shall  be  provided  with  proper  screens.  All  employees,  while  engaged 
in  the  manufacture  and  handling  of  bread  shall  wear  slippers  or  shoes  and 
suits  of  washable  material  which  shall  be  used  for  that  purpose  only  and 
such  garments  shall  be  kept  clean  at  all  times.  Lockers  shall  be  provided 
for  the  street  clothes  of  the  employees.  The  furniture,  troughs  and  utensils 
shall  be  so  arranged  and  constructed  as  not  to  prevent  their  cleaning  or  the 
cleaning  of  every  part  of  the  bakery.  [As  am'd  by  L.  1911,  ch.  637,  and 
L.  1913,  ch.  463.] 

§  113-a.  Prohibited  employment  of  diseased  bakers.— No  person  who  has 
any  communicable  disease  shall  work  or  be  permitted  to  work  in  a  bakery. 
Whenever  required  by  a  medical  inspector  of  the  department  of  labor,  any 
person  employed  in  a  bakery  shall  submit  to  a  physical  examination  by  such 
inspector.  No  person  who  refuses  to  submit  to  such  examination  shall  work 
or  be  permitted  to  work  in  any  bakery.  [Added  by  L.  1913,  ch.  463.] 


LAWS  RELATING  TO  LABOR.  *  73 

§  114.  Inspection  of  bakeries. —  It  shall  be  the  duty  of  the  owner  of  a 
building  wherein  a  bakery  is  located  to  comply  with  all  the  provisions  of 
section  one  hundred  and  twelve  of  this  article,  and  of  the  occupier  to  comply 
with  all  the  provisions  of  section  one  hundred  and  thirteen  of  thia  article, 
unless  by  the  terms  of  a  valid  lease  the  responsibility  for  compliance  there- 
with has  been  undertaken  by  the  other  party  to  the  lease,  and  a  duplicate 
original  lease,  containing  such  obligation,  shall  have  been  previously  filed 
in  the  office  of  the  commissioner  of  labor,  in  which  event  the  party  assuming 
the  responsibility  shall  be  responsible  for  such  compliance.  The  commissioner 
of  labor  may,  in  his  discretion,  apply  any  or  all  of  the  provisions  of  this 
article  to  a  factory  located  in  a  cellar  wherein  any  food  product  is  manu- 
factured, provided  that  basements  or  cellars  used  as  confectionery  or  ice- 
cream manufacturing  shops  shall  not  be  required  to  conform  to  the  require- 
ment as  to  height  of  rooms.  Such  establishments  shall  be  not  less>  than 
seven  feet  in  height,  except  that  any  cellar  or  basement  so  used  before  October 
first,  nineteen  hundred  and  six,  which  is  more  than  six  feet  in  height  need  not 
be  altered  to  conform  to  this  provision.  If  on  inspection  the  commissioner 
of  labor  find  a  bakery  or  any  part  thereof  to  be  so  unclean,  ill-drained  or  ill- 
ventilated  as  to  be  unsanitary,  he  majr,  after  not  less  than  forty-eight  hours' 
notice  in  writing,  to  be  served  by  affixing  the  notice  on  the  inside  of  the 
main  entrance  door  of  said  bakery,  order  the  person  found  in  charge  thereof 
immediately  to  cease  operating  it  until  it  shall  be  properly  cleaned,  drained 
or  ventilated.  If  such  bakery  be  thereupon  continued  in  operation  or  be 
thereafter  operated  before  it  be  properly1  cleaned,  drained  or  ventilated,  the 
commissioner  of  labor  may,  after  first  making  and  filing  in  the  piublic  records 
of  his  office  a  written  order  stating  the  reasons  therefor,  at  once  and  without 
further  notice  fasten  up  and  seal  the  oven  or  other  cooking  apparatus  of  said 
bakery,  and  affix  to  all  materials,  receptacles,  tools  and  instruments  found 
therein,  labels  or  conspicuous  signs  bearing  the  word  "unclean."  No  one 
but  the  commissioner  of  labor  shall  remove  any  such  seal,  label  or  sign,  and 
he  may  refuse  to  remove  it  until  suchi  bakery  be  properly  cleaned,  drained 
or  ventilated.  [As  am'd  by  L.  1911,  ch.  637,  and  L.  1913,  cti.  463.] 

§  115.  Sanitary  certificates.— 1.  No  person,  firm  or  corporation  shall  estab- 
lish, maintain  or  operate  a  bakery  without  obtaining  a  sanitary  certificate 
from  the  department  of  labor.  Application  for  such  certificate  shall  be  made  to 
the  commissioner  of  labor  by  the  occupier  of  the  bakery  or  by  the  person,  firm 
or  corporation  desiring  to  establish  or  conduct  such  bakery.  The  applica- 
tion for  a  sanitary  certificate  shall  be  made  in  such  form  and  shall  contain 
such  information  as  the  commissioner  of  labor  may  require.  Blank  ap- 
plications for  such  certificate  shall  be  prepared  and  furnished  by  the  com- 
missioner of  labor. 

2.  Upon  the  receipt  of  such  application  for  a  sanitary  certificate,  the  com- 
missioner of  labor  shall  cause  an  inspection  to  be  made  of  the  building, 
room  or  place  described  in  the  application.  If  the  bakery  conforms  to  the 
provisions  of  articles  six  and  eight  of  this  chapter  and  the  rules  and  regu- 
lations of  the  industrial  board,  or  in  any  city  of  the  first  class  if  the  bakery 
conforms  to  the  provisions  of  article  eight  of  this  chapter,  and  to  the  sani- 
tary code  and  the  rules  and  regulations  of  the  department  of  health  of  any 
such  city,  the  commissioner  of  labor  shall  issue  a  sanitary  certificate  for 
such  bakery.  Such  certificate  shall  be  for  a  period  of  one  year  and  shall 


74-""  REPORT  OF  THE  COMMISSIONER  or  LABOR,  1913. 

be  renewed  annually  by  the  commissioner  of  labor  if  upon  a  reinspection  of 
the  bakery  it  is  found  to  comply  with  the  aforesaid  provisions  and  regulations. 
Every  certificate  granted  under  the  provisions  of  this  chapter  shall  be  posted 
in  a  conspicuous  place  in  the  bakery  for  which  such  certificate  is  issued. 

3.  Such  certificate  may  be  revoked  at  any  time  by  the  commissioner  of 
labor  if  the  health  of  the  community  or  of  the  employees-  of  the  bakery  re- 
quire such  action,  or  if  an  order  of  the  department  issued  under  the  pro- 
visions of  this  chapter  be  not  complied  with  within  fifteen  days  after  the 
service  thereof  upon  the  person,  firm  or  corporation  charged  with  the  duty 
of  complying  with  such  order.    The  time  for  such  compliance  may  be  extended 
by  the  commissioner  of  labor  for  good  cause  shown,  but  a  statement  of  the 
reasons  for  such  extension  shall  be  filed  in  the  office  of  the  department  of 
labor  as  part  of  the  public  records  thereof.     Nothing  contained  in  this  sub- 
division shall  be  construed  to  limit  in  any  way  the  power  of  the  commissioner 
of  labor  to  seal  up  an  unsanitary  bakery  as  provided  in  section  one  hundred 
and  fourteen  of  this  chapter. 

4.  If  an  application  for  a  sanitary  certificate  be  denied  or  if  such  certificate 
be  revoked  by  the  commissioner  of  labor,  he  shall  file  in  the  office  of  the  de- 
partment of  labor  as  part  of  the  public  records  thereof,  a  statement  in  writ- 
ing setting  forth  in  detail  the  reasons  for  such  denial  or  revocation. 

5.  Applications  for  sanitary  certificates  for  existing  bakeries  shall  be  made 
within  four  months  after  this  act  takes  effect,  and  no  such  bakery  shall  be 
conducted  or  operated  without  a  sanitary  certificate  from  the  department  of 
labor  after  the   first  day   of  January,   nineteen   hundred   and   fourteen.     In 
the   case  of   bakeries   hereafter   established,   the   application   for    a   sanitary 
certificate  shall  be  made  within  ten  days  after  such  bakery  shall  commence 
business,   and   no   such    bakery   shall   be   conducted    or    operated    without   a 
sanitary  certificate  for  more  than  thirty  days  after  commencing  business. 

6.  If  a  bakery  has  no  sanitary  certificate  as  herein  required  or  if  such 
certificate  has  been  revoked,  the  commissioner  of  labor  shall,  after  first  making 
and   filing  in   the  public   records   of   his   office   a  written   order   stating   the 
reasons   therefor,   at   once   and   without    further   notice   fasten   up   and   seal 
the  oven  or  other  cooking  apparatus  of  said  bakery.     No  one  but  the  com- 
missioner of  labor  or  his  duly  authorized  representative  shall   remove  any 
such  seal,  and  he  shall  not  remove  same  until  a  sanitary  certificate  has  been 
issued  to  such  bakery.     [Added  by  L.  1913,  cli.  463.] 

§  116.  Prohibition  of  future  cellar  bakeries. — No  bakery  shall  hereafter  be 
located  in  a  cellar,  and  a  sanitary  certificate  shall  not  be  issued  for  any 
bakery  so  located  unless  such  bakery  shall  be  at  least  ten  feet  in  height 
measured  from  the  surface  of  the  finished  floor  to  the  under  side  of  the 
ceiling,  and  if  the  bakery  is  located  or  intended  to  be  located  entirely  in  the 
front  part  of  the  building,  the  ceiling  of  the  bakery  shall  be  in  every  part 
at  least  four  feet  six  inches  above  the  curb  level  of  the  street  in  front  of 
the  building,  or  if  such  bakery  is  located  or  intended  to  be  located  entirely 
in  the  rear  part  of  the  building  or  to  extend  from  the  front  to  the  rear, 
the  ceiling  or  the  bakery  shall  not  be  less  than  one  foot  above  the  curb 
level  of  the  street  in  front  of  the  building  and  the  bakery  shall  open  upon 
a  yard  or  courts  which  shall  extend  at  least  six  inches  below  the  floor 
level  of  the  bakery,  nor  unless  proper  and  adequate  provision  shall  be  made 


LAWS  RELATING  TO  LABOR.  *  75 

for  the  lighting  and  ventilation  of  such  bakery  and  for  the  proper  construc- 
tion of  the  floor,  walls  and  ceiling  thereof,  and  plans  and  specifications  for 
the  construction  and  establishment  of  such  bakery,  in  such  form  and  covering 
such  matters  as  the  commissioner  of  labor  may  require,  shall  have  been  first 
submitted  to  and  approved  by  the  commissioner  of  labor.  This  prohibition 
shall  not  apply  to  a  cellar  used  and  operated  as  a  bakery  at  any  time 
within  one  year  prior  to  the  date  of  the  passage  of  this  act,  provided  that 
satisfactory  proof  of  its  use  as  a  bakery  as  herein  specified  be  furnished  to 
the  commissioner  of  labor  in  such  form  as  he  may  require  within  six  months 
after  this  act  shall  take  effect,  nor  shall  it  apply  to  the  cellar  of  a  building 
in  the  course  of  construction  on  the  ninth  day  of  May,  nineteen  hundred  and 
thirteen,  nor  to  the  cellar  of  a  building  the  construction  of  which  was  com- 
menced after  the  first  day  of  January,  nineteen  hundred  and  thirteen,  and 
completed  on  or  *bebore  the  ninth  day  of  May,  nineteen  hundred  and  thirteen, 
provided  that  such  cellar  be  used  and  operated  as  a  bakery  at  any  time  prior 
to  the  first  day  of  January,  nineteen  hundred  and  fourteen,  and  that  satis- 
factory proof  of  the  time  of  the  construction  of  such  building  and  of  the 
use  of  the  cellar  as  a  bakery  as  herein  specified  be  furnished  to  the  com- 
missioner of  labor,  in  such  form  as  he  may  require,  on  or  before  the  twenty- 
eighth  day  of  February,  nineteen  hundred  and  fourteen.  Upon  receipt  of 
such  proof  the  commissioner  of  la/bor  shall  issue  to  the  owner  of  the  building 
in  which  such  cellar  is  located  a  certificate  of  exemption.  This  section  shall 
not  prevent  the  -local  health  authorities,  in  any  city  of  the  first  class  from 
exercising  any  power  of  regulation  now  vested  in  them.  [Added  by  L.  1913, 
ck.  463  and  am'd  by  L.  1913,  ch.  797.] 

§  117.  Sanitary  code  for  bakeries  and  confectioneries. — All  factories  wherein 
any  food  product  is  manufactured  shall  be  kept  in  a  thoroughly  sanitary  con- 
dition and  shall  be  properly  lighted  and  ventilated,  and  all  necessary  methods 
shall  be  employed  to  protect  the  food  product  prepared  therein  from  con- 
tamination. The  industrial  board  may  adopt  rules  and  regulations  for  car- 
rying into  effect  the  provisions  of  this  article.  Such  rules  and  regulations 
shall  be  known  as  the  sanitary  code  for  bakeries  and  confectioneries  and 
shall  not  apply  to  cities  of  the  first  class.  [Added  by  L.  1913,  ch.  463.] 

ARTICLE  9. 

Mines,  Tunnels  and    Quarries   and   Their   Inspection. 

[Non-compliance  icith  the  provisions  of  this  article  is  a  misdemeanor  (Penal  Law, 
§  3270,  subd.  2).  Violation  of  any  of  the  safety  provisions  of  the  article  ren- 
ders the  master  liable  in  case  of  injury  to  employees  (§  202,  post).] 

Section  119.  Protection  of  employees  in  mines,  tunnels  and  quarries. 

120.  Duties  of  commissioner  of  labor  relating  to  mines,  tunnels  and  quar- 

ries ;   record  and  report. 

121.  Outlets  of  mines. 

122.  Ventilation  and   timbering  of  mines  and  tunnels. 

123.  Riding  on  loaded  cars ;  storage  of  inflammable  supplies. 

124.  Inspection    of   steam   boilers    and    apparatus;    steam,    air    and    water 

*  guages. 

125.  Use    of    explosives ;    blasting. 

126.  Report    of   accidents. 

127.  Notice   of   dangerous   condition. 

128.  Traveling  ways. 

*  So  in  original. 


76*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

Section  129.  Notice  of  opening  new  mine,  shaft  or  quarry. 

130.  Notice    of   abandonment. 

131.  Employment   of   women   and   children. 

132.  Underground    workings   to    be    equipped    with    head    house   and    doors. 

133.  Mines  and  tunnels  to  be  equipped   with   wash-rooms. 

134.  Method  of  exploding  blasts. 
134-a.  Hours  of  labor. 

134-b.  Medical   attendance  and   regulations. 
134c.  Penalties. 

134-d.   [Air  pipes  in  tunnels  and  caissons.] 
134-e.    [Electric  lights  in  tunnels  and  caissons.] 

135.  Enforcement  of  article. 

136.  Admission  of  inspectors  to  mines  and  tunnels. 

§  119.  Protection  of  employees  in  mines,  tunnels  and  quarries. — Every  neces- 
sary precaution  shall  be  taken  to  insure  the  safety  and  health  of  employees 
employed  in  the  mines  and  quarries  and  in  the  construction  of  tunnels  in  the 
state.  The  industrial  board  shall  have  power  to  adopt  rules  and  regulations 
to  carry  into  effect  the  provisions  of  this  article  and  may  amend  or  repeal 
rules  and  regulations  heretofore  prescribed  by  the  commissioner  of  labor 
under  the  provisions  of  this  article.  The  rules  and  regulations  heretofore 
prescribed  by  the  commissioner  of  labor*  under  this  article  shall  continue 
in  force  until  amended  or  repealed  by  the  industrial  board.  [Added  by  L. 
1913,  ch>  145.] 

§  120.  Duties  of  commissioner  of  labor  relating  to  mines,  tunnels  and  quar- 
ries; record  and  report. —  1.  The  commissioner  of  labor  shall  enforce  the  pro- 
visions of  this  article,  the  rules  and  regulations  adopted  by  the  industrial 
board  pursuant  thereto,  and  the  rules  and  regulations  of  the  commissioner 
of  labor  continued  in  force  by  this  article. 

2.  The  commissioner  of  labor  shall  keep  a  record  of  the  names  and  location 
of  all  mines,  tunnels  and  quarries,  and  the  names  of  the  persons  or  corpora- 
tions owning  and  operating  such  mines,  and  quarries  and  constructing  tunnels 
thereof;  examine  carefully  into  the  method  of  timbering  shafts,  drifts,  in- 
clines, slopes,  and  tunnels,  through  which  employees  and  other  persons  pass, 
in  the  performance  of  their  daily  labor,  and  see  that  the  persons  or  corpora- 
tions owning  and  operating  such  mines,  and  quarries  and  constructing  tunnels 
comply  with  the  provisions  of  this  chapter;  and  such  information  shall  be 
furnished  by  the  person  operating  such  mine,  tunnel  or  quarry,  upon  the 
demand  of  the  commissioner  of  labor.  The  commissioner  of  labor  shall  keep 
a  record  of  all  mine,  tunnel  and  quarry  examinations,  showing  the  date 
thereof,  and  the  condition  in  which  the  mines,  tunnels  and  quarries  are  found, 
and  the  manner  of  working  the  same.  He  shall  make  an  annual  report  to 
the  legislature  during  the  month  of  January,  containing  a  statement  of 
the  number  of  mines,  tunnels  and  quarries  visited,  the  number  in  operation, 
the  number  of  men  employed,  and  the  number  and  cause  of  accidents,  fatal 
and  nonfatal,  that  may  have  occurred  in  and  about  the  same.  [As  am'd  by 
L.  1913,  ch.  143.] 

§  121.  Outlets  of  mines. —  If,  in  the  opinion  of  the  commissioner  of  labor, 
it  is  necessary  for  safety  of  employees,  the  owner,  operator  or  superintendent 
of  a  mine  operating  through  either  a  vertical  or  inclined  shaft,  or  a  horizon- 

*  See  rules  and  regulations  prescribed  by  commissioner  of  labor,  following 
§  136,  post. 


LAWS  KELATI.XU  TO   LABOX.  *  77 

tal  tunnel,  shall  not  employ  any  person  therein  unless  there  are  in  connection 
with  the  subterranean  workings  thereof  not  less  than  two  openings  or  out- 
lets, at  least  one  hundred  and  fifty  feet  apart,  and  connected  with  each  other. 
Such  openings  or  outlets  shall  be  so  constructed  as  to  provide  safe  and  dis- 
tinct means  of  ingress  and  egress  from  and  to  the  surface,  at  all  times,  for 
the  use  of  the  employees  of  such  mine. 

§  122.  Ventilation  and  timbering  of  mines  and  tunnels. —  In  each  mine  or 
tunnel  a  ventilating  current  shall  be  conducted  and  circulated  along  the  face 
of  all  working  places  and  through  the  roadways,  in  sufficient  quantities  to 
insure  the  safety  of  employees  and  remove  smoke  and  noxious  gases. 

Each  owner,  agent,  manager  or  lessee  of  a  mine  or  tunnel  shall  cause  it 
to  be  properly  timbered,  and  the  roof  and  sides  of  each  working  place  therein 
properly  secured.  No  person  shall  be  required  or  permitted  to  work  in  an 
unsafe  place  or  under  dangerous  material,  except  to  make  it  secure. 

§  123.  Riding  on  loaded  cars;  storage  of  inflammable  supplies. —  No  person 
shall  ride  or  be  permitted  to  ride  on  any  loaded  car,  cage  or  bucket  into  or  out 
of  a  mine  or  tunnel  in  process  of  construction.  No  powder  or  oils  of  any 
description  shall  be  stored  in  a  mine,  tunnel  or  quarry,  or  in  or  around  shafts, 
engine  or  boiler-houses,  and  all  supplies  of  an  inflammable  and  destructive 
nature  shall  be  stored  at  a  safe  distance  from  the  mine  or  tunnel  openings. 

§  124.  Inspection  of  steam  boilers  and  apparatus;  steam,  air  and  water 
gauges. — All  boilers  used  in  generating  steam  for  mining  or  tunneling  pur- 
poses shall  be  kept  in  good  order,  and  the  owner,  agent,  manager  or  lessee  of 
such  mine  or  tunnel  shall  have  such  boilers  inspected  by  a  competent  person, 
approved  by  the  commissioner  of  labor,  once  in  six  months,  and  shall  file  a 
certificate  showing  the  result  thereof  in  the  mine  or  tunnel  office  and  a  dupli- 
cate thereof  in  the  office  of  the  commissioner  of  labor.  All  engines,  brakes, 
cages,  buckets,  ropes  and  chains  shall  *be  kept  in  good  order  and  inspected 
daily  by  the  superintendent  of  the  mine  or  tunnel  or  a  person  designated  by 
him.  All  lifts,  hoists,  ropes  and  other  mechanical  devices  shall  be  properly 
designed  and  maintained  to  sustain  the  weight  intended  to  be  placed  thereon 
or  suspended  therefrom,  such  factors  of  safety  being  used  as  are  generally 
accepted  as  sufficient  by  competent  engineers,  and  all  cars  arid  lifts  shall  be 
supplied  with  safety  brakes.  All  hoisting  ropes  shall  at  all  times  be  of  a 
breaking  strength  of  not  less  than  five  times  the  gross  load  suspended  from 
them,  including  weight  of  rope  itself.  Each  boiler  or  battery  of  boilers  used 
in  mining  or  tunneling  for  generating  steam,  shall  be  provided  with  a  proper 
safety  valve  and  with  steam  and  water  gauges,  to  show,  respectively,  the 
pressure  of  steam  and  the  height  of* water  in  the  boilers.  Every  boiler-house 
in  which  a  boiler  or  nest  of  boilers  is  placed,  shall  be  provided  with  a  steam 
gauge  properly  connected  with  the  boilers,  and  another  steam  gauge  shall  be 
attached  to  the  steam  pipe  in  the  engine-house,  and  so  placed  that  the  engi- 
neer or  fireman  can  readily  ascertain  the  pressure  carried.  Every  tunnel  in 
which  men  are  working  under  artificial  air  pressure  shall  be  furnished  with 
properly  equipped  and  placed  gauges  capable  at  all  times  of  showing  the 
weight  or  pressure  of  air  in  said  tunnel,  and  said  gauge  shall  at  all  times 
during  working  hours  be  accessible  to  all  persons  working  on  said  tunnel. 

§  125.  Use  of  explosives;  blasting. —  When  high  explosives  other  than  gun- 
powder are  used  in  a  mine,  tunnel  or  quarry,  the  manner  of  storing,  keeping, 


78*  BEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

moving,  charging  and  firing,  or  in  any  manner  using  such  explosives,  shall 
be  in  accordance  with  rules  *  prescribed  by  the  commissioner  of  labor. 

In  charging  holes  for  blasting,  in  slate,  rock  or  ore  in  any  mine,  tunnel  or 
quarry,  no  iron  or  steel  pointed  needle  or  tamping  bar  shall  be  used,  unless 
the  end  thereof  is  tipped  with  at  least  six  inches  of  copper  or  other  soft 
material.  No  person  shall  be  employed  to  blast,  unless  the  mine  or  tunnel 
superintendent,  or  person  having  charge  of  such  mine  or  tunnel  is  satisfied 
that  he  is  qualified,  by  experience,  to  perform  the  work  with  ordinary  safety. 
When  a  blast  is  about  to  be  fired  in  a  mine  or  tunnel,  timely  notice  thereof 
shall  be  given  by  the  person  in  charge  of  the  work,  to  all  persons  who  may 
be  in  danger  therefrom. 

§  126.  Report  of  accidents.— Whenever  loss  of  life  or  an  accident  causing 
an  injury  incapacitating  any  person  for  work  shall  occur  in  the  operation  of 
a  mine  or  quarry,  or  in  the  construction  or  repair  of  a  tunnel,  the  owner, 
agent,  manager,  lessee,  contractor,  subcontractor,  or  person  in  charge  thereof, 
shall  keep  a  correct  record  of  all  deaths,  accidents  or  injuries  sustained  by 
any  person  therein  or  on  the  premises  or  works,  in  such  form  as  may  be 
required  by  the  commissioner  of  labor.  Such  record  shall  be  open  to  the 
inspection  of  the  commissioner  of  labor  and  a  copy  thereof  shall  be  furnished 
to  the  said  commissioner  on  demand.  Within  forty-eight  hours  after  the 
accident,  death  or  injury  a  report  thereof  shall  be  made  in  writing  to  the 
commissioner  of  labor,  stating  as  fully  as  possible  the  cause  of  the  death 
or  the  extent  and  cause  of  the  injury,  and  the  place  where  the  injured  per- 
son has  been  sent,  with  such  other  or  further  information  relative  thereto 
as  may  be  required  by  the  said  commissioner,  who  may  investigate  the  causes 
thereof  and  require  such  precautions  to  be  taken  as  will  prevent  the  recur- 
rence of  similar  happenings.  No  statement  contained1  in  any  such  report 
shall  be  admissible  in  evidence  in  any  action  arising  out  of  the  death  or 
accident  therein  reported.  [.4s  am'd  by  L.  1910,  ch.  155.] 

Compare  §  20-a,  ante   (building  accidents)   and  §  87   (factory  accidents). 

§  127.  Notice  of  dangerous  condition. —  If  the  commissioner  of  labor,  after 
examination  or  otherwise,  is  of  the  opinion  that  a  mine  or  tunnel  or  any 
thing  used  in  the  operation  thereof  is  unsafe,  he  shall  immediately  serve  a 
written  notice,  specifying  the  defects,  upon  the  owner,  agent,  manager  or 
lessee,  who  shall  forthwith  remedy  the  same. 

§  128.  Traveling  ways. —  In  all  mines  there  shall  be  cut  out  of  or  around 
the  sides  of  every  hoisting  shaft  or  driven  through  the  solid  strata  at  the 
bottom  thereof,  a  traveling  way  not  less  than  five  feet  high  and  three  feet 
wide  to  enable  persons  to  pass  the  shaft  in  going  from  one  side  to  the  other 
without  passing  over  or  under  or  in  the  way  of  the  cage  or  other  hoisting 
apparatus. 

§  129.  Notice  of  opening  new  mine,  shaft  or  quarry. —  Whenever  a  mine  or 
quarry  operator  has  engaged  or  is  about  to  engage  in  the  development  of  new 
industries  by  the  sinking  of  new  shafts,  inclines,  tunnels  or  quarries,  he  shall 
report  to  the  commissioner  of  labor,  giving  the  name  of  the  owner  or  owners, 
and  the  location  of  the  property,  before  the  work  of  excavation  shall  have 
reached  the  depth  of  twenty-five  feet. 

*  See  rules  and  regulations  prescribed  by  commissioner  of  labor,  following 
§  136,  post. 


LAWS  RELATING  TO  LABOK.  *  79 

§  130.  Notice  of  abandonment. —  It  shall  be  the  duty  of  every  mine  or 
quarry  operator  to  notify  the  commissioner  of  labor  of  the  discontinuance 
or  abandonment  of  any  mine  or  quarry,  when  and  in  the  event  that  such 
mine  or  quarry  shall  be  closed  permanently  or  abandoned. 

S  131.  Employment  of  women  and  children. —  No  child  under  sixteen  years 
of  age  shall  be  employed,  permitted  or  suffered  to  work  in  or  in  connection  with 
any  mine  or  quarry  in  this  state.  No  female  shall  be  employed,  permitted 
or  suffered  to  work  in  any  mine  or  quarry  in  this  state. 

§  132.  Underground  workings  to  be  equipped  with  head  house  and  doors,— 
Every  underground  working  where  the  depth  exceeds  forty  feet  shall  bt 
equipped  with  a  proper  head  house  and  trapdoors. 

§  133.  Mines  and  tunnels  to  be  equipped  with  wash-rooms. —  Every  mine, 
tunnel  or  quarry  employing  over  twenty-five  men  shall  maintain  a  suitably 
equipped  and  heated  wash-room,  which  shall  be  at  all  times  accessible  to  the 
men  employed. 

§  134.  Method  of  exploding  blasts. —  No  blast  shall  be  exploded  by  an  elec- 
tric current  of  more  than  two  hundred  and  fifty  volts. 

§  134-a.  Hours  of  labor.— All  work  in  the  prosecution  of  which  tunnels, 
caissons  or  other  apparatus  or  means  in  which  compressed  air  is  employed 
or  used  shall  be  conducted  subject  to  the  following  restrictions  and  regula- 
tions: When  the  air  pressure  in  any  compartment,  caisson,  tunnel  or  place 
in  which  men  are  employed  is  greater  than  normal  and  shall  not  exceed 
twenty-one  pounds  to  the  square  inch,  no  employee  shall  be  permitted  to 
work  or  remain  therein  more  than  eight  hours  in  any  twenty-four  hours  and 
shall  only  be  permitted  to  work  under  such  air  pressure  provided  «he  shall 
during  such  period  return  to  the  open  air  for  an  interval  of  at  least 
thirty  consecutive  minutes,  which  interval  his  employer  shall  provide  for. 
When  the  air  pressure  in  any  compartment,  caisson,  tunnel  or  place  in  which 
men  are  employed  is  greater  than  normal  and  shall  equal  twenty-two  pounds 
to  the  square  inch  and  does  not  exceed  thirty  pounds  to  the  'square  inch,  no 
employee  shall  be  permitted  to  work  or  remain  therein  more  than  six  hours 
in  any  twenty-four  hours,  such  six  hours  to  be  divided  into  two  periods  of 
three  hours  each  with  an  interval  of  at  least  one  hour  between  each  such 
period.  When  the  air  pressure  in  any  such  compartment,  caisson,  tunnel  or 
place  shall  exceed  thirty  pounds  to  the  square  inch,  and  shall  not  equal 
thirty-five  pounds  to  the  square  inch,  no  employee  shall  be  permitted  to  work 
or  remain  therein  more  than  four  hours,  such  four  hours  to  be  divided 
into  two  periods  of  two  hours  each,  with  an  interval  of  at  least  two 
hours  between  each  such  period.  When  the  air  pressure  in  any  such  com- 
partment, caisson,  tunnel  or  place  shall  equal  thirty-five  pounds  to  the 
square  inch  and  shall  not  exceed  forty  pounds  to  the  square  inch,  no 
such  employee  shall  Jbe  permitted  to  work  or  remain  therein  more  than 
three  hours  in  any  twenty-four  hours,  such  three  hours  to  be  divided 
into  periods  of  not  more  than  one  and  one-half  hours  each,  with  an 
interval  of  at  least  three  hours  between  each  such  period;  when  the  air 
pressure  in  any  such  compartment,  caisson,  tunnel  or  place  shall  equal  forty 
pounds  to  the  square  inch  and  shall  not  equal  forty-five  pounds  to  the  square 
inch,  no  employee  shall  be  permitted  to  work  or  remain  therein  more  than 


80*  RBPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

two  hours  in  any  twenty-four  hours,  such  two  hours  to  be  divided  into 
periods  of  not  more  than  one  hour  each,  with  an  interval  of  at  least  four 
hours  between  each  such  period;  when  the  air  pressure  in  any  such  compart- 
ment, caisson,  tunnel  or  place  shall  equal  forty-five  pounds  to  the  square 
inch  and  shall  not  exceed  fifty  pounds  to  the  square  inch,  no  employee  shall 
be  permitted  to  work  or  remain  therein  more  than  ninety  minutes  in  any 
twenty-four  hours,  and  such  ninety  minutes  to  be  divided  into  periods  of 
forty-five  minutes  each,  with  an  interval  of  not  less  than  five  hours  between 
each  such  period;  no  employee  shall  be  permitted  to  work  in  any  compart- 
ment, caisson,  tunnel  or  place  where  the  pressure  shall  exceed  fifty  pounds  to 
the  square  inch,  except  in  case  of  emergency.  No  person  employed  in  work 
in  compressed  air  shall  be  permitted  by  his  employer  or  by  the  person  in 
charge  of  said  work  to  pass  from  tbe  place  -in  which  the  work  is  being  done 
to  atmosphere  of  normal  pressure,  without  passing  through  an  intermediate 
lock  or  stage  of  decompression,  which  said  decompression  shall  be,  where  the 
work  is  being  done  in  tunnels,  at  the  rate  of  three  pounds  every  two  minutes 
unless  the  pressure  shaW  be  over  thirty-six,  pounds,  in  which  event  the  decom- 
pression shall  be  at  the  rate  of  one  pound  per  minute;  and  which  said  decom- 
pression shall  be,  where  the  work  is  being  done  in  caissons,  at  the  following 
rates : 

Where  pressure  is  not  over  ten  pounds  per  square  inch  the  time  of  decom- 
pression shall  be  one  minute;  when  .pressure  is  over  ten  pounds  per  square 
inch,  but  does  not  exceed  fifteen  pounds  per  square  inch,  the  time  of  decom- 
pression shall  be  two  minutes;  when  pressure  is  over  fifteen  pounds  per 
square  inch,  but  does  not  exceed  twenty  pounds  per  square  inch,  the  time  of 
the  decompression  shall  be  five  minutes;  when  pressure  is-  over  twenty  pounds 
per  square  inch,  but  does  not  exceed  twenty-«five  pounds'  per  square  inch,  the 
time  of  decompression  shall  be  ten  minutes ;  when  pressure  is  over  twenty-five 
pounds  per  square  inch  but  does  not  exceed  thirty  pounds*  per  square  inch, 
the  time  of  decompression  shall  be  twelve  minutes;  when  pressure  is  over 
thirty  pounds  per  square  inch,  but  does  not  exceed  .thirty-six  pounds  per 
square  inch,  the  time  of  decompression  shall  be  fifteen  minutes;  when  pressure 
is  over  thirty-six  pounds  per  square  inch,  but  does  not  exceed-  forty  pounds 
per  square  inch,  the  time  of  decompression  shall  be  twenty  minutes;  when 
pressure  is  over  forty  pounds  per  square  inch,  but  does  not  exceed  fifty 
pounds  per  square  inch,  the  time  of  decompression  shall  be  twenty-five 
minutes. 

All  necessary  instruments  shall  be  attached  to  all  caissons  and  air  locks 
showing-  the  actual  air  pressure  to  which  men  employed  therein  are  subjected 
and  which  instruments  shall  be  accessible  to  and  in  charge  of  a  competent 
person  who  shall  not  be  employed  more  than  eight  hours  in  any  twenty-four 
hours.  [Added  by  L.  1909,  ch.  291.;  am?d  ly  L.  1912,  ch.  219  and  L.  1913, 
ch.  528.] 

§  134-b.  Medical  attendance  and  regulations. —  Any  person  or  corporation 
carrying  on  any  tunnel,  caisson  or  other  work  in  the  prosecution  of  which 
men  are  employed  or  permitted  to  work  in  compressed  air,  shall,  while  such 
men  are  so  employed,  also  employ  and  keep  in  employment,  one  or  more  duly 
qualified  persons  to  act  as  medical  officer  or  officers  who  shall  be  in  attend- 
ance at  all  necessary  times  while  such  work  is  in  progress  and  whose  duty 
it  shall  be  to  administer  and  strictly  enforce  the  following: 


LAWS  RELATING  TO  LABOR.  *  81 

(a)  No  person  shall  be  permitted  to  work  in  compressed  air  until  after 
he  shall  have  been  examined  by  such  medical  officer   and  reported  by  such 
officer  to  the  person  in  charge  thereof  as  found  to  be  qualified,  physically,  to 
engage  in  such  work. 

(b)  In  the  event  of  absence  from  work,  by  an  employee  for  ten  or  more 
successive  days  for  any  cause,  he  shall  not  resume  work  until  he  shall  have 
been  re-examined  by  the  medical  officer  and  his  physical  condition  reported 
as  hitherto  provided  to  be  such  as  to  permit  him  to  work  in  compressed  air. 

(c)  No  person  known  to  be  addicted  to  the  excessive  use  of  intoxicants 
shall  be  permitted  to  work  in  compressed  air. 

(d)  No  person  not  having  previously  worked  in  compressed  air  shall  be 
permitted  during  the  first  twenty- four  hour^s  of  his  employment  to  work  for 
longer  than  one-half  of  a  day  period  as  provided  in  section  one  hundred  and 
thirty-four-a  and  after  so  working  shall  be  re-examined  and  not  permitted  to 
work  in  a  place  where  the  pressure  is  in  excess  of  fifteen  pounds  unless  his 
physical  condition  be  reported  by  the  medical  officer  as  heretofore  provided 
to  be  such  as  to  qualify  him  for  such  work. 

(e)  After  a  person  has  been  employed  continuously  in  compressed  air  for  a 
period  of  three  months  he  shall  be  re-examined  by  the  medical  officer  and 
he  shall  not  be  allowed,  permitted  or  compelled  to  work  until  such  examina- 
tion  has   been   made   and   he   has    been   reported   as    heretofore   provided   as 
physically  qualified  to  engage  in  compressed  air  work. 

(f)  The  said  medical  officer  shall  at  all  times  keep  a  complete  and  full 
record  of  examinations  made  by  him,  which  record  shall  contain  dates  on 
which  examinations  were  made  and  a  clear  and  full  description  of  the  person 
examined,   his  age  and  physical   condition   at  the   time   examined,  also  the 
statement  as  to  the  time  such  person  has  been  engaged  in  like  employment. 

(g)  Properly  heated,  lighted  andt  ventilated  dressing  rooms  shall  be  pro- 
vided for  all  employees  in  compressed  air  which  shall  contain  lockers  and 
benches  and  shall  be  open  and  accessible  to  the  men  during  the  intermission 
between  shifts.     Such  rooms  shall  be  provided  with  baths,  with  hot  and  cold 
water  service  and  a  proper  and  sanitary  toilet. 

(h)  A  medical  lock  shall  be  established  and  maintained  in  connection  with 
all  work  in  compressed  air  when  the  maximum  pressure  exceeds  seventeen 
pounds  as  herein  provided.  Such  lock  shall  be  kept  properly  heated,  lighted 
and  ventilated  and  shall  contain  proper  medical  and  surgical  equipment. 
Such  lock  shall  be  in  charge  of  a  certified  trained  nurse  selected  by  the 
medical  officer,  who  shall  be  qualified  to  render  temporary  relief. 

The  "  certified  trained  nurse  "  required  by  subdivision  h  means  a  "  registered  " 
nurse  as  described  in  §  250  of  the  Public  Health  Law  (opinion  of  Attorney-General, 
October  29,  1912). 

(i)  Whenever  in  the  prosecution  of  caisson  work  in  which  compressed  air 
is  employed  the  working  chamber  is  less  than  ten  feet  in  length  and  when 
such  caissons  are  at  any  time  suspended  or  hung  while  work  is  in  progress 
so  that  the  bottom  of  the  excavation  is  more  than  nine  feet  below  the  deck 
of  the  working  chamber,  a  shield  shall  be  erected  in  the  working  chamber  for 
the  protection  of  the  workmen. 

(j)  Whenever  in  the  prosecution  of  work  in  which  compressed  air  is  em- 
ployed a  shaft  is  used,  all  such  shafts  shall  be  provided  with  a  safe,  proper 
and  suitable  ladder  for  its  entire  length. 


82  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

(k)  Wherever  in  the  prosecution  of  work  in  tunnels,  caissons  or  other 
apparatus  or  means,  in  which  compressed  air  is  employed  or  used,  lights 
other  than  electric  lights  are  used,  the  said  lights  shall  at  all  times  be 
guarded. 

(1)  All  passage  ways  in  work,  wherein  compressed  air  is  employed  or 
used,  shall  be  kept  clear  and  properly  lighted.  [Added  by  L.  19t)9,  ch.  291; 
am'd  by  L.  1912,  ch.  219  and  L.  1913,  ch.  528.] 

§  134-c.  Penalties. —  Every  person  who,  or  corporation  which,  shall  violate 
or  fail  to  comply  with  any  of  the  foregoing  provisions  shall  be  guilty  of  a 
misdemeanor  which  shall  be  punishable  by  a  fine  of  not  less  than  two  hun- 
dred and  fifty  dollars  or  imprisonment  for  one  year  or  both.  [Added  by  L. 
1909,  ch.  29L] 

§  134-d.  All  work  in  the  prosecution  of  which  tunnels,  caissons  or  other 
apparatus  or  means  within  which  compressed  air  is  employed*  shall  have 
at  least  two  air  pipes  or  lines  connected  at  all  times  and  in  perfect  working 
condition.  [Added  by  L.  1912,  ch.  219.] 

§  134-e.  Wherever  electricity  is  used  as  lighting  apparatus  the  light  sup- 
plied for  the  shaft  leading  to  the  caisson  or  tunnel  or  other  apparatus 
wherein  the  men  are  actually  at  work  shall  be  supplied  from  a  different 
wire  from  the  lights  which  are  located  at  the  point  wherein  the  men  are 
actually  working  under  air.  [Added  by  L.  1912,  ch.  219.] 

§  135.  Enforcement  of  article. —  The  commissioner  of  labor  may  serve  a 
written  notice  upon  the  owner,  agent,  manager  or  lessee  of  a  mine  or  tunnel 
requiring  him  to  comply  with  a  specified  provision  of  this  article.  The  com- 
missioner of  labor  shall  begin  an  action  in  the  supreme  court  to  enforce 
compliance  with  such  provision;  and  upon  such  notice  as  the  court  directs  an 
order  may  be  granted,  restraining  the  working  of  such  mine  or  tunnel  during 
such  time  as  may  be  therein  specified. 

§  136.  Admission  of  inspectors  to  mines  and  tunnels. —  The  owner,  agent, 
manager  or  lessee  of  a  mine  or  tunnel,  at  any  time,  either  day  or  night, 
shall  admit  to  such  mine  or  tunnel,  or  any  building  used  in  the  operation 
thereof,  the  commissioner  of  labor  or  any  qualified  person  duly  authorized 
by  him,  for  the  purpose  of  making  the  examinations  and  inspections  neces- 
sary for  the  enforcement  of  this  article,  and  shall  render  any  necessary 
assistance  for  such  inspections. 


RULES  AND  REGULATIONS  PRESCRIBED  BY  THE  COMMISSIONER  OF  LABOR. 
[By  authority  of  sections  120  and  125  above.} 

FOR  MINES  AND  QUARRIES. 

[These  rules  are  noio  (October,  1913)  under  revision  by  the  industrial  board.] 
Superintendent. —  1.  The  superintendent  of  a  mine  or  quarry  shall  pay  particular 
attention  to  discipline.  All  inspections  shall  be  reported  to  him.  He  shall  see  that 
all  the  provisions  of  the  law  and  of  these  rules  are  enforced  in  such  mine  or  quarry. 
He  shall  watch  all  work  done  by  contractors  to  see  that  they  comply  with  the  law 
and  these  rules. 

Daily  Inspection. —  2.      The   superintendent  shall   designate  a   competent   person, 
who  shall  each  day  make  an  inspection  of  all  mining  appliances,   or  quarrying  ap- 

*  The  words  "  are  used  "  are  not  in  original  but  should  evidently  be  supplied. 


LAWS  RELATING  TO  LABOR.  *  83 

pliances,  boilers,  engines,  magazines,  shafts,  shafthouses,  underground  workings, 
roofs,  pillars,  timbers,  explosives,  bell-ropes,  telephones,  operating  tubes,  tracks, 
ladders,  etc.,  and  report  any  defects  to  the  superintendent,  in  writing,  at  once. 

Boilers. —  3.  Superintendents  shall  require  a  strict  compliance  with  §  124  of 
the  Labor  Law  regarding  boiler  inspection.  Boilers  shall  be  examined  daily,  and 
any  imperfections  reported  to  the  master  mechanic  or  superintendent  at  once. 

Timbering. —  4.  Timber  shall  be  of  ample  size  and  strength  and  shall  be  used 
freely  and  wherever  there  is  any  chance  of  danger.  Only  new  or  properly  sea- 
soned timber  shall  be  used,  and  shall  be  inspected  carefully  for  rot  or  other  defects 
before  using  and  periodically  thereafter. 

Air. —  5.  The  use  of  air  Instead  of  steam  for  drilling  In  all  underground 
workings  is  advised. 

Signals. —  6.  Special  attention  shall  be  given  to  the  matter  of  signals  and  to 
keeping  the  appliances  therefor  in  order.  The  bell  line  shall  be  of  ample  strength 
and  kept  free  and  clear  of  all  rock  and  timbers.  Shafts  of  400  feet  or  over  shall 
have  speaking  tubes  or  telephones  from  the  foot  of  the  shaft  to  the  engine-room. 
A  code  of  signals  shall  be  posted  at  different  parts  of  the  workings  and  particu- 
larly at  the  shafthead,  together  with  a  notice  of  a  penalty  for  wrong  signals. 
Wrong  signals  should  be  severely  punished. 

Ladderways. —  7.  Ladders  shall  be  strong  and  intact.  In  vertical  shafts  ftnd 
in  deep,  pitching  inclines  there  should  be  landings  not  more  than  twenty  feet  apart, 
and  closely  covered  except  a  hole  large  enough  for  a  man  to  pass  to  the  next 
ladder.  In  inclines,  there  shall  be  a  hand-rail  attached  to  the  ladder,  and  wher- 
ever possible  steps  should  be  used  with  hand-rail  attached. 

The  shaft. —  8.  The  shafthead  shall  be  covered  and  guarded  so  as  to  prevent 
accidents  from  persons  falling  into  it,  or  from  foreign  objects  dropping  down. 
Automatic  doors  should,  in  most  cases,  be  used.  The  manway  shall  be  around 
and  not  across  the  shafthead.  The  timbering  of  the  shaft  shall  be  sounded  and 
examined  often,  as  it  decays  rapidly  under  certain  conditions.  Inside  shafts, 
winzes,  and  chutes  shall  be  carefully  guarded.  When  sinking  or  continuing  a 
shaft  below  levels  where  the  work  of  mining  is  being  carried  on,  the  collars  at 
the  lower  level  shall  be  covered  to  prevent  objects  from  falling  down  the  shaft, 
and  such  covering  should  be  composed  of  timber  not  less  than  four  inches  in  thick- 
ness ;  and  where  a  cage  is  used  a  bonnet  shall  be  placed  over  it. 

Hoisting  engineers. —  9.  Superintendents  shall  use  extraordinary  care  to  see  that 
their  engineers  are  mentally  and  physically  qualified  for  their  positions.  Where 
persons  are  lowered  into  or  hoisted  out  of  a  mine  or  quarry,  engineers  shall  be  not 
less  than  21,  otherwise  not  less  than  18  years  of  age.  They  shall  never  delegate 
the  control  of  the  machinery  to  any  other  person,  and  no  one  shall  interfere  with 
them  in  their  duties. 

10.  The   hoisting   engineer   shall    be    in    constant   attendance    at   his   engine   or 
boilers  whenever  there  are  workmen  underground. 

11.  The  engineer   shall  not   permit  any   one  to   enter   or   loiter   In   the  engine- 
room  except  those  required  by  their  positions  or  duties  to  do  so,  and  he  shall  hold 
no  conversation  with  any  one  while  the  engine  is  in  motion  or  while  his  attention 
ghould  be  occupied  with   signals.     A  notice  to  that  effect  shall  be  posted  on  the 
door  of  the  engine  house. 

12.  The  engineer  must  thoroughly  understand  the  code  of  signals,  which   must 
be  delivered  in  the  engine  room  in  a  clear  and  unmistakable  manner ;   and  when 
he  receives  a  signal  that  men  are  in  the  cage  or  carriage  he  must  work  his  engine 
with  extra  care  and  only  at  a  moderate  rate  of  speed. 

13.  The   engineer  or   some   other   specifically   designated  and   properly   qualified 
employee   must  keep   a  careful   watch   over   the  engine,  boilers,   pumps,   ropes  and 
winding    apparatus,    and    see    that    boilers   are    supplied    with    water,    cleaned   and 
inspected   at  frequent  intervals   and  that   the  steam   pressure  does  not  exceed  the 
prescribed  limit;    and  he  shall  frequently  try  the  safety  valves  and  shall  not  In- 
crease the  weights   thereon.      He  shall   see  that  the   steam   and  water  gauges  are 
always  in  good  order,  and  if  any  of  the  pumps,  valves  or  gauges  become  deranged, 
he  shall  promptly  report  the  facts  to  his  superiors. 


84:*  KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

Hoisting  machinery. — 14.  Machinery  used  for  lowering  or  raising  employees 
into  or  out  of  mines,  and  stairs  and  ladders  for  ingress  and  egress  shall  be  kept  in 
a  safe  condition  and  inspected  each  twenty-four  hours  by  a  competent  person 
especially  designated  for  that  purpose. 

15.  The  operator,  or  superintendent  shall   provide  and   maintain   from   the  top 
to  the  bottom  of  every  shaft  where  persons  are  raised  or  lowered,  a  telephone  or  a 
metal  tube  suitably  adapted  to  the  free  passage  of  sound,  through  which  conversa- 
tion may  be  held  between  persons  at  the  top  and  bottom  of  said  shaft,  and  also 
other  means  of  signaling  from  the  top  to  the  bottom  thereof,  and  shall  provide  every 
cage  or  gear  carriage  used  for  hoisting  or  lowering  persons  with  a  proper  safety 
catch   and    with    a    sufficient   overhead    covering   to    protect   them    while   using   it. 
And  he  shall  see  that  the  flanges,  with  a  clearance  of  not  less  than  four  inches 
where  the  whole  of  the  rope  is  wound  on  the  drum,  are  attached  to  the  side  of 
the  drum  of  every  machine  that  is  used  for  lowering  and  hoisting  persons ;  that 
adequate  brakes  are  attached   to  the  drum,  and   that  safety  gates  are  so  placed 
at  all  shafts  as  to  prevent  persons  from  falling  in. 

16.  The   main    governing   chain   attached   to   the   socket   of   the   wire   rope   snail 
be  made  of  the  best  quality  of  iron  and  shall  be  properly  tested  ;    and  the  bridle 
chain  shall  be  attached  to  the  hoisting  rope  above  the  socket  from  the  top  cross- 
piece  of  the  carriage  or  cage  so  that  no  single  chain  shall  be  used  for  lowering 
or  hoisting  persons. 

17.  No  greater  number  of  persons  shall  be  lowered  or  hoisted  at  any  one  time 
than  may  be  allowed  by   the  commissioner  of  labor ;   and  notice  of  the  maximum 
number  allowed  to  be  lowered  or  hoisted  at  any  one  time  shall  be  kept  posted  in 
a  conspicuous  place  at  the  top  of  the  shaft. 

Dangerous  machinery. —  18.  All  machinery  about  mines  or  quarries,  in  connection 
with  which  accidents  are  liable  to  occur,  shall  be  suitably  guarded  or  railed  off. 

Tire. — 19.  All  oil,  waste,  candles,  etc.,  shall  be  stored  at  a  safe  distance  from 
the  boiler-house,  engine-room  and  shafthouse,  and  a  quantity  of  water  shall  be 
stored  at  such  place  to  guard  against  fire.  All  shafthouses  shall  have  ample 
fire  protection,  and  the  appliances  shall  be  kept  in  condition  for  instant  use.  All 
mining  plants  using  steam  should  have  a  hose  attached  to  the  injector  or  feed 
pipe  for  use  in  case  of  fire. 

Storing  explosives. —  20.  All  explosives  shall  be  stored  in  a  magazine  pro- 
vided for  that  purpose,  and  located  far  enough  from  the  working-shaft,  slope, 
tunnel  or  quarry,  boiler-house  or  engine-room,  so  that  in  case  the  whole  quantity 
should  be  exploded,  there  would  be  no  danger,  and  all  explosives  in  excess  of  what 
are  needed  for  one  shift  shall  be  kept  in  the  magazine.  Such  magazine  should  be 
fireproof,  and  so  constructed  that  a  modern  rifle  or  pistol  bullet  cannot  pene- 
trate it.  The  thawing  should  be  done  by  the  hot  water  or  steam  bath  method ; 
the  use  of  dry  heat  is  absolutely  prohibited.  A  receptacle  for  carrying  explosives 
shall  be  provided.  Exploders  and  powder  shall  not  be  kept  in  the  same  room. 
A  suitable  place  separated  from  mine  or  quarry,  boilers  or  engine-room  shall  be 
provided  for  preparing  charges.  One  man  shall  have  full  charge  of  the  magazine. 
(See  further  the  special  rules  for  handling  dynamite.) 

Blasting. —  21.  All  blasting  shall  be  done  by  one  man  and  his  helper,  desig- 
nated by  the  superintendent  for  that  purpose.  After  blasting  no  one  else  shall 
be  allowed  in  that  part  of  the  mine  or  quarry  until  the  blaster  has  made  a  per- 
sonal examination  and  pronounced  "  all  over."  If  a  blast  misses  fire,  no  one 
except  the  blaster  and  his  helper  shall  be  allowed  in  that  part  of  the  mine  or 
quarry  less  than  three  hours  thereafter  unless  and  until  the  blaster  has  made 
a  personal  examination  and  pronounced  "  all  safe."  No  person  shall  use  or 
handle  any  explosives  who  is  addicted  to  the  use  of  intoxicants.  All  tamping  of 
high  explosives  shall  be  done  with  a  wooden  bar.  Timely  and  sufficient  warning 
shall  be  given  when  a  blast  is  about  to  be  fired. 

Posting  of  law,  etc. —  A  copy  of  Article  IX  of  the  Labor  Law  and  of  all  rules 
relating  to  health  and  safety  of  employees  in  mines  and  quarries,  prescribed  by  the 
commissioner  of  labor,  shall  be.  kept  posted  in  the  works  in  such  manner  as  to  be 
available  to  all  employees. 


LAWS  RELATING  TO  LABOB.  *  85 

FOR   STORING,  KEEPING,  MOVING,  THAWING,  CHARGING  AND  FIRING 

DYNAMITE. 

[These  rules  are  now  (October,  1913)  under  revision  by  the  industrial  board.] 

Storing  and  keeping.—  1.  Dynamite  must  be  stored  in  a  building  separate  and 
isolated  from  other  buildings  and  from  traffic.  Caps  and  electric  exploders  and 
fuses  must  never  be  stored  in  the  same  building  with  the  powder,  but  must  always 
be  kept  apart  until  needed  for  preparing  the  charge. 

Moving. —  2.  When  dynamite  is  hauled  in  wagons,  railway  trains,  mine  cars  or 
similar  vehicles,  the  greatest  care  must  be  exercised,  and  neither  percussion  caps, 
exploders,  fulminators,  friction  matches  nor  any  other  article  of  like  nature  shall 
be  loadfed  or  carried  in  the  same  wagon,  car  or  vehicle. 

Thawing  powder.— 3.  All  nitro-glycerine  compounds  freeze  and  become  hard  at 
aboju-t  42  degrees  Fa-hrenhjeit,  in  which  condition  they  will  not  readily  explode. 
When  large  quantities  are  to  be  used,  a  separate  building  for  thawing  should  be 
fitted  with  a  small  steam  radiator.  Use  only  exhaust  steam  for  heating  it,  if 
possible  keeping  the  temperature  of  the  room  at  about  80  degrees  Fahrenheit.  In 
the  part  of  the  room  farthest  from  the  radiator,  place  the  powder  on  racks  to 
thaw.  When  but  small  quantities  need  to  be  thawed,  a  thawing  kettle  may  be 
used,  being  two  water-tight  kettles  (one  smaller  and  placed  inside  the  other),  the 
cartridges  placed  in  the  smaller  kettle,  the  space  between  the  two  kettles  filled 
with  hot  water  of  from  120  to  130  degrees  Fahrenheit,  and  the  kettle  fitted  with 
a  cover  to  retain  the  heat.  Never  place  the  kettle  over  the  fire  to  heat.  When 
more  hot  water  Is  required,  empty  and  fill  again  with  hot  water.  Never  attempt 
to  thaw  the  powder  by  placing  it  in  hot  water  or  exposing  it  to  the  direct  action 
of  steam. 

Precautions, —  4.  Powder  must  never  be  placed  on,  in  or  near  hot  steam  pipes, 
steam  boilers,  a  hot  stove,  nor  any  hot  metal,  nor  exposed  to  radiated  heat  from 
a  fire  or  hot  stove.  Never  roast,  toast  or  bake  it  in  any  way,  nor  take  it  near  a 
blacksmith  forge.  Never  allow  smoking  or  fire  of  any  description,  nor  leave  any 
loose  caps  or  fuse  near  It. 

Preparing  the  charge. —  5.  Cut  a  piece  of  safety  fuse  to  the  right  length  and 
carefully  insert  the  fresh  cut  end  in  a  blasting  cap.  See  that  the  cap  is  free 
from  any  particle  of  sawdust  before  inserting  the  fuse.  Press  the  fuse  gently  into 
the  cap  as  far  as  it  will  go.  Crinfp  the  open  end  of  the  ca'p  tightly  around  the  fuse 
with  a  pair  of  cap-nippers,  but  under  no  condition  disturb  the  fulminate  or 
filling  in  the  ca?p.  Then  open  one  end  of  the  cartridge  carefully,  and  with  a  sharp- 
ened lead  pencil  or  pointed  wooden  stick,  make  a  hole  in  the  powder,  insert  the 
capped  end  of  the  fuse,  being  careful  to  see  that  at  least  one-fourth  of  an  inch  of 
the  cap  rem&ns  out  of  the  powder.  Then  draw  the  paper  closely  about  the  fuse 
and  tie  in  with  a  strong  cord. 

Charging  the  drill-hole. —  6.  Having  properly  prepared  the  cartridges  (being 
sure  that  none  are  frozen)  push  them  gently  to  the  bottom  of  the  drilled  hole  with 
a  wooden  stick,  putting  the  capped  cartridge  on  top. 

Tamping. —  7.  Having  placed  the  required  quantity  of  powder  in  the  hole,  cover 
with  six  or  eight  inches  of  loose  tamping,  press  it  down  firmly  with  a  wooden 
stick,  after  which  the  hole  may  be  tamped  to  the  top,  ramming  the  tamping  down 
hard.  Never  use  an  iron  or  metal  bar.  Wood  is  always  sufficient. 

Misfire. —  8.  In  case  of  misfires,  never  attempt  to  remove  the  tamping  or  draw 
the  charge ;  always  drill  a  new  hole. 

FOR   THE    DAILY    GUIDANCE    OF    EMPLOYEES. 

1.  No  employee  shall  ride  on  any  loaded  skip,  car,  cage  or  bucket  nor  walk  up 
or  down  any  slope,  or  shaft,  while  any  skip,  car,  cage  or  bucket  is  above. 

2.  The  pit  boss  shall   carefully  examine   the  hanging  wall   of  all  slopes,   levels 
and  working  chambers  daily. 

3.  Machine    runners    shall    carefully    examine    and    sound    hanging   wall   at   face 
working,  and  remove  all  loose  rock  or  ore  before  proceeding  to  drill. 

4.  No  employee  shall  handle  any  explosives  nor  do  any  blasting  except  the  person 
or  persons  designated  for  that  special  purpose  by  the  superintendent. 


86*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  19 lo. 

5.  After  blasting  no  one  except  the  blaster  or  blasters  shall  be  allowed  in  the 
part  of  the  mine  where  such  blast  has  been  fired,  until  the  blaster  has  made  a 
personal  examination,  and  pronounced  all  safe. 

0.  No  iron  or  steel  bar,   unless  tipped  with   six  inches  of  copper  or  other  soft 
metal,  shall  be  used  for  tamping  any  explosive.     When  tamping  dynamite,  or  other 
high  explosives,  wood  only  shall  be  used. 

7.  The  mine  superintendent  or  person  designated  by  him  shall  examine  daily  all 
mining  appliances  and  see  that  they  are  in  safe  condition. 

8.  Whenever  a  shot  misses  fire  no  one  shall  be  allowed  to  return  to  that  part  of 
the  mine  or  quarry  in  less  than  three  hours,  unless  and  until  the  blaster  after  a 
personal  examination  shall  pronounce  all  safe. 

9.  No  person  addicted  to  the  use  of  intoxicating  drink  shall  have  charge  of  any 
explosives,  boiler,  engine  or  hoist,  nor  shall  any  person  be  allowed  in  any  part  of 
the  mine  or  quarry  while  under  the  influence  of  liquor. 

FOR   THE   CONSTRUCTION  OF   TUNNELS. 

1.  Whenever   work   in   the    construction    of    a    tunnel    or    section    thereof   is   in 
progress,   there   shall   always  be   present  some   one   competent   person,    representing 
the  person,   firm   or   corporation   carrying  on  the   work   or   the  contractor   for   the 
particular  section  or  subdivision  thereof,  who  shall  be  in  all  respects  responsible  for 
full  compliance  therein  with  all  provisions  of  law,  and  who  for  that  purpose  shall 
have  authority  to  require  all  persons  employed  on  the  work  to  comply  with  such 
provisions. 

2.  In  every  tunnel  or  section  thereof  while  under  construction  there  shall  be  a 
competent    person    designated    to    make    a    regular   inspection   at    least    once    every 
working  day  and  to  examine  all  engines,  boilers,  steam  pipes,  drills,  air  pipes,  air 
gauges,    air    locks,    dynamos,    electric    wiring,    signaling    apparatus,    brakes,    cages, 
buckets,  hoists,   cables,   ropes,   chains,   ladders,   ways,   tracks,   sides,    roofs,   timbers, 
supports   and  all   apparatus   and   appliances ;   and   he   shall   immediately   upon   dist- 
covery  report  any  defect,  in  writing,  to  the  person  present  in  charge. 

3.  The  person  present  in   charge  of  the  work  in   any   tunnel  or  section  thereof 
shall  always  be  authorized  and  instructed  in  case  of  accidents  to  take  all  proper 
measures  for  the  relief  of  all  woi'kmen  injured*  therein.     And  he  shall  immediately 
report  every  such  accident  to  the  commissioner  of  labor  in  accordance  with  §   120 
of  the  Labor  Law. 

4.  Wherever  possible  all  explosives  shall  be  stored  in  a  fire-proof  magazine  at  a 
safe  distance  from  the  tunnel,   its  engines,   power  plant  and  machinery   and   from 
other   buildings   and   traffic,   andr  a  place   separate   from   the   place   of   storage   and 
with    proper    apparatus    shall    be    provided    for    thawing    dynamite    or    other    high 
explosives  if  thawing  be  necessary.     Where  compliance  with  any  of  these  provisions 
be  impossible,  only  the  safest  and  most  approved  manner  and  methods  of  handling 
and    storing    such    explosives    practicable    under    the    circumstances,    may    be    used 
instead;  and  then  only  under  the  regular  direction  and  supervision  of  some  compe- 
tent engineer  or  superintendent  of  experience  who  shall  be  held  responsible   there- 
for.    And  the  quantity  of  such  high  explosives  shall  always  be  limited  according 
to  law  and   local  ordinances   and   the   strictest  demands   of   safety.      In   no  tunnel 
shall  more  explosives  be  stored  than  are  required  for  a  single  blast  or  one  round 
of  holes  in  the  working- face ;   unless   the   chief  engineer  shall   certify   in   writing 
that  for  special  and  peculiar  reasons  it  is  safer  or  absolutely  necessary  to  do  other- 
wise, which  certificate  shall  prescribe  the  limits  to  the  amount  of  explosives  to  be 
allowed  in  the  tunnel  at  any  one  time  and  shall  be  kept  posted  in  a  conspicuous  place 
with  the  other  rules  hereinafter  mentioned. 

5.  Only   such  persons   as   are  selected   and   regularly   designated  by   a   competent 
engineer  or  superintendent  of  experience  shall  handle  or  transport  the  dynamite  or 
other  high   explosives   used  in   the   construction,  of  any  tunnel ;  and  extraordinary 
care  shall  be  exercised  in   selecting  therefor  only  such   persons  as   are   competent, 
careful   and  of  good  habits  as  to  the  use   of   liquor,   and   to   see  that   they   store, 
prepare,  handle  and  transport  all  such  explosives  in  the  safest  and  most  careful 
manner. 

6.  Only    such   persons   as    have   been    selected    and    regularly   designated   therefor 
by   a  competent  engineer  or  superintendent  of  experience   shall  be  allowed  to  pre- 
pare or  set  off  blasts   in   any   tunnel   under   construction,    and;   extraordinary   care 


LAWS  RELATING  TO  LABOR.  ""  87 

shall  be  exercised  in  selecting  therefor  only  such  persons  as  are  competent, 
experienced  and  of  good  habits  as  to  the  use  of  liquor.  The  person  present  in 
charge  of  the  work  in  any  tunnel  or  section  thereof  shall  s'ee  to  it  that  whenever 
blasting  is  in  progress  there  is  always  one  "  blaster "  in  full  charge  in  each 
section  or  in  each  separated  heading  therein,  that  his  fellow  workmen  properly 
obey  his  orders  and  directions,  that  he  personally  supervises  the  fixing  of  all 
charges,  the  discharge  of  all  blasts,  etc.,  and  that  he  does  so  carefully,  in  the 
safest  manner  and  in  accordance  with  the  provisions  of  §  125  of  the  Labor  Law. 

7.  Any  code  of  signals  in  use  in  a  tunnel  under  construction  shall  be  explained 
in    writing,    and    copies    thereof,    in    such    languages    as    may    be    necessary    to    be 
understood  by   all  persons   affected  thereby,   shall  be   kept  posted  in  a   conspicuous 
place  near  each  entrance  to  such  tunnel  and  in  such  other  places  as  may  be  neces- 
sary to  bring  them  to  the  attention  of  all  such  persons. 

8.  Copies  of  §§  123,  125,  134-a  and  134-b  of  the  Labor  Law,  of  the  substance  of 
the   foregoing   rules   and   of   the   working   rules   of   the   particular   tunnel,    in    such 
languages  as  may  be   necessary   to  be  understood   by   all  persons  working  therein, 
shall  be  kept  posted  in  a  conspicuous  place  near  each  entrance  to  every  tunnel. 


FOR   WORK  OF  EXCAVATION   AND   CONSTRUCTION   OF  TUNNELS   CARRIED 
ON   IN   COMPRESSED   AIR.— SUPPLEMENTING    §§    134-a   and    134-b. 

LOCKS. 

Where  practicable  each  bulkhead  in  the  tunnel  shall  have  at  least  two  locks 
in  perfect  working  condition. 

The  man  lock  shall  be  large  enough  so  that  those  using  it  are  not  compelled 
to  be  in  a  cramped  position. 

The  emergency  lock  shall  be  large  enough  to  hold  an  entire  heading  shift. 

Every  lock  must  be  lighted  by  electricity  and  shall  contain  a  pressure  gauge 
and  a  timepiece,  and  shall  have  a  glass  "  bull's-eye  "  in  each  door  or  in  each  end. 

Valves  must  be  so  arranged  that  the  locks  can  be  operated  both  from  within  and 
from  without. 

Each  man  lock  shall  be  in  charge  of  a  competent  lock  tender. 

LIGHT,  SANITATION  AND  VENTILATION   IN  Am  CHAMBER. 

All  lighting  in  compressed  air  chambers  shall  be  by  electricity  only,  except  in 
cases  of  emergency. 

Absolutely  no  nuisance  shall  be  tolerated  in  the  air  chamber,  and  smoking  shall 
be  strictly  prohibited. 

No  animals  for  hauling  shall  be  permitted  in  the  air  chambers. 

An  air-supply  pipe  shall  be  carried  as  near  to  the  face  as  may  be  practicable 
and  necessary.  The  air  shall  be  analyzed  at  least  once  in  every  forty-eight  hours, 
and  the  percentage  of  CO,  shall  not  be  greater  than  1/10  of  one  per  cent  above 
that  of  the  air  being  compressed. 

The  exhaust  valves  shall  be  operated  at  certain  intervals,  especially  after  a 
blast,  and  men  shall  not  be  required  to  resume  work  after  a  blast  until  the  gas 
and  smoke  have  cleared  sufficiently. 

Persons  in  the  air  chamber  must  be  able  to  communicate  with  the  power- 
house on  the  surface  by  means  of  suitable  devices  at  all  times. 

GAUGES. 

In  addition  to  the  gauges  in  the  locks,  an  accurate  gauge  shall  be  maintained 
on  the  outer  side  of  each  bulkhead.  These  gauges  shall  be  accessible  at  all  times 
and  shall  be  kept  in  accurate  working  order. 

SAFETY  SCREENS. 

Where  practicable,  safety  screens  shall  be  installed  after  the  heading  has  pro- 
ceeded beyond  the  bulkhead  line. 


88*  .REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

GENERAL. 

A  record  of  all  men  working  in  the  air  chambers  shall  be  kept  by  a  special 
man  who  shall  remain  outside  the  lock  near  the  entrance.  This  record  shall  show 
the  period  of  stay  in  the  air  chamber  of  each  person  and  the  time  taken  for 
decompression. 

A  liberal  supply  of  hot  coffee  and  sugar  shall  be  supplied  to  men  working  in 
compressed  air.  Coffee  must  be  heated  by  means  other  than  direct  steam. 

ARTICLE  10. 
Bureau   of  Mediation  and  Arbitration. 

Section  140.  Chief  mediator. 

141.  Mediation  and  investigation. 

142.  Board  of  mediation  and  arbitration. 

143.  Arbitration  by  the  board. 

144.  Decisions  of  board. 

145.  Annual  report. 

146.  Submission  of  controversies  to  local  arbitrators. 

147.  Consent ;  oath ;  powers  of  arbitrators. 
14&.  Decision  of  arbitrators. 

§  140.  Chief  mediator. —  There  shall  continue  to  be  a  bureau  of  mediation 
and  arbitration.  The  second  deputy  commissioner  of  labor  shall  be  the  chief 
mediator  of  the  state  and  in  immediate  charge  of  this  bureau,  but  subject 
to  the  supervision  and  direction  of  the  commissioner  of  labor. 

Cf.  S  42,  ante. 

%  ,141.  Mediation  and  investigation. —  Whenever  a  strike  or  lockout  occurs 
or  is  seriously  threatened  an  officer  or  agent  of  the  bureau  of  mediation  and 
arbitration  shall,  if  practicable,  proceed  promptly  to  the  locality  thereof  and 
endeavor  by  mediation  to  effect  an  amicable  settlement  of  the  controversy. 
If  the  commissioner  of  labor  deems  it  advisable  the  board  of  mediation 
and  arbitration  may  proceed  to  the  locality  and  inquire  into  the  cause 
thereof,  and  for  that  purpose  shall  have  all  the  powers  conferred  upon  it  in 
the  case  of  a  controversy  submitted  to  it  for  arbitration. 

§  142.  Board  of  mediation  and  arbitration. —  There  shall  continue  to  be  a 
•tate  board  of  mediation  and  arbitration,  which  shall  consist  of  the  chief 
mediator  and  two  other  officers  of  the  department  of  labor  to  be  from  time 
to  time  designated  by  the  commissioner  of  labor.  The  chief  mediator  when 
present  shall  be  the  chairman  of  the  board.  Two  members  of  such  board 
ahall  constitute  a  quorum  for  the  transaction  of  business,  and  may  hold  meet- 
ings at  any  time  or  place  within  the  state.  Examinations  or  investigations 
ordered  by  the  board  may  be  held  and  taken  by  and  before  any  of  their 
number,  if  so  directed,  buti  a  decision  rendered  in  such  a  case  shall  not  be 
deemed  conclusive  until  approved  by  the  board. 

{  143.  Arbitration  by  the  board. — A  grievance  or  dispute  between  an  em- 
ployer and  his  employees  may  be  submitted  to  the  board  of  arbitration  and 
mediation  for  their  determination  and  settlement.  Such  submission  shall  be 
in  writing,  and  contain  a  statement  in  detail  of  the  grievance  or  dispute  and 
the  cause  thereof,  and  also  an  agreement  to  abide  the  determination  of  the 
board,  and  during  the  investigation  to  continue  in  business  or  at  work, 
without  a  lockout  or  strike.  Upon  such  submission,  the  board  shall  examine 
the  matter  in  controversy.  For  the  purpose  of  such  inquiry  they  may  sub- 
poena witnesses,  compel  their  attendance,  take  and  hear  testimony,  and 
call  for  and  examine  books,  papers  and  documents  of  any  parties  to  the  con- 
troversy. Subprenas  shall  be  issued  by  the  chairman  under  the  seal  of  the 


LAWS    IvKI.ATliNU    TO    LABOR.  *  89 

department  of  labor.  Witnesses  shall  be  allowed  the  same  fees  as  in  courts 
of  record.  The  decision  of  the  board  must  be  rendered  within  ten  days  after 
the  completion  of  the  investigation. 

§  144.  Decisions  of  board. —  Within  ten  days  after  the  completion  of  every 
arbitration,  the  board  or  a  majority  thereof  shall  render  a  decision,  stating 
such  details  as  will  clearly  show  the  nature  of  the  controversy  and  the  points 
disposed  of  by  them,  and  make  a  written  report  of  their  findings  of  fact 
and  of  their  recommendations  to  each  party  of  the  controversy.  Every 
decision  and  report  shall  be  filed  in  the  office  of  the  board  and  a  copy  thereof 
served  upon  each  party  to  the  controversy. 

§  145.  Annual  report. —  The  commissioner  of  labor  shall  make  an  annual 
report  to  the  legislature  of  the  operations  of  this  bureau. 

§  146.  Submission  of  controversies  to  local  arbitrators. —  A  grievance  or 
dispute  between  an  employer  and  his  employees  may  be  submitted  to  a  board 
of  arbitrators,  consisting  of  three  persons,  for  hearing  and  settlement.  When 
the  employees  concerned  are  members  in  good  standing  of  a  labor  organiza- 
tion, one  arbitrator  may  be  appointed  by  such  organization  and  one  by  the 
employer.  The  two  so  designated  shall  appoint  a  third,  who  shall  be  chair- 
man of  the  board.  If  such  employees  are  not  members  of  a  labor  organiza- 
tion, a  majority  thereof  at  a  meeting  duly  called  for  that  purpose,  may  desig- 
nate one  arbitrator  for  such  board. 

§  147.  Consent;  oath;  powers  of  arbitrators. —  Before  entering  upon  his 
duties,  each  arbitrator  so  selected  shall  sign  a  consent  to  act  and  take  and 
subscribe  an  oath  to  faithfully  and  impartially  discharge  his  duties  as  such 
arbitrator,  which  consent  and  oath  shall  be  filed  in  the  clerk's  office  of  the 
county  or  counties  where  the  controversy  arose.  When  such  board  is  ready 
for  the  transaction  of  business,  it  shall  select  one  of  its  members  to  act  as 
secretary,  and  notice  of  the  time  and  place  of  hearing  shall  be  given  to  the 
parties  to  the  controversy.  The  board  may,  through  its  chairman,  subpoena 
witnesses,  compel  their  attendance  and  take  and  hear  testimony.  The  board 
may  make  and  enforce  rules  for  its  government  and  the  transaction  of  the 
business  before  it,  and  fix  its  sessions  and  adjournments. 

S  148.  Decision  of  arbitrators. —  The  board  shall,  within  ten  days  after  the 
close  of  the  hearing,  render  a  written  decision  signed  by  them  giving  such 
details  as  clearly  show  the  nature  of  the  controversy  and  the  questions 
decided  by  them.  One  copy  of  the  decision  shall  be  filed  in  the  office  of  the 
clerk  of  the  county  or  counties  where  the  controversy  arose  and  one  copy 
shall  be  transmitted  to  the  bureau  of  mediation  and  arbitration. 

ARTICLE    11. 

[Added  by  L.  1910,  ch.  514,  formerly  art.  10-a  ;  renumbered  by  L.  1913,  ch.  145.] 
Bureau  of  Industries  and  Immigration. 

Section  151.  Bureau  of  Industries  and  immigration. 

152.  Special  investigators. 

153.  General  powers  and  duties. 

154.  Proceedings  before  the  commissioner  of  labor. 

155.  Registration  and  reports  of  employment  agencies. 

156.  The  licensing  and  regulation  of  immigrant  lodging  places. 
156-a.     Reports. 

§  151.  Bureau  of  industries  and  immigration. —  There  shall  be  a  bureau 
of  industries  and  immigration,  which  shall  be  under  the  immediate  charge 


90*  KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

of  a  chief  investigator,  but  subject  to  the  supervision  and  direction  of  the 
commissioner  of  labor. 

Cf.  I  42,  ante. 

§  152.  Special  investigators. —  The  commissioner  of  labor  may  appoint  from 
time  to  time  such  number  of  special  investigators  and  such  other  assistants 
as  may  be  necessary  to  carry  into  effect  the  powers  of  the  said  bureau 
herein  defined,  who  may  be  removed  by  him  at  any  time.  The  special  in- 
vestigators may  be  divided  into  two  grades.  Each  special  investigator  of 
the  first  grade  shall  receive  an  annual  salary  of  fifteen  hundred  dollars, 
and  each  of  the  second  grade  an  annual  salary  of  twelve  hundred  dollars. 
[As  am'd  by  L.  1912,  ch.  543.] 

§  153.  General  powers  and  duties.— 1.  The  commissioner  of  labor  shall 
have  the  power  to  make  full  inquiry,  examination  and  investigation  into 
the  condition,  welfare  and  industrial  opportunities  of  all  aliens  arriving 
and  being  within  the  state.  He  shall  also  have  power  to  collect  informa- 
tion with  respect  to  the  need  and  demand  for  labor  by  the  several  agricul- 
tural, industrial  and  other  productive  'activities,  including  public  works 
throughout  the  state;  to  gather  information  with  respect  to  the  supply 
of  labor  afforded  by  such  aliens  as  shall  from  time  to  time  arrive  or  be 
within  the  state;  to  ascertain  the  occupations  for  which  such  aliens  shall 
be  best  adapted,  and  to  bring  about  intercommunication  between  them  and 
the  several  activities  requiring  labor  which  will  best  promote  their  respective 
needs;  to  investigate  and  determine  the  genuineness  of  any  application  for 
labor  that  may  be  received  and  the  treatment  accorded  to  those  for  whom 
employment  shall  be  secured;  to  co-operate  with  the  employment  and  im- 
migration bureaus  conducted  under  authority  of  the  federal  government. 
or  by  the  government  of  any  other  state,  and  with  public  and  philanthropic 
agencies  designed  to  aid  in  the  distribution  and  employment  of  labor;  and 
to  devise  and  carry  out  such  other  suitable  methods  as  will  tend  to  prevent 
or  relieve  congestion  and  obviate  unemployment. 

2.  The  commissioner  of  labor  shall  procure  with  the  consent  of  the  fed- 
eral authorities  complete  lists  giving  the  names,  ages,  and  destination  within 
the  state  of  all  alien  children  of   school  age,  and  such  other  facts  as  will 
tend  to   identify   them   and   shall   forthwith   deliver  copies  of  such  lists  to 
the  commissioner  of  education  or  the  several  boards  of  education  and  school 
boards  in  the  respective  localities  within  the  state  to  which  said  children 
shall  be  destined,  to  aid  in  the  enforcement  of  the  provisions  of  the  educa- 
tion  law    relative    to    the   compulsory    attendance    at   school    of   children   of 
school   age. 

3.  The   commissioner  of  labor  shall  further  co-operate  with  the  commis- 
sioner  of  education   and   with   the   several   boards   of  education   and   school 
commissioners   in   the   state   to   ascertain   the   necessity   for   and   the   extent 
to    which    instruction    should    be    imparted   to   aliens   within    the    state;    to 

'devise  methods  for  the  proper  instruction  of  adult  and  minor  aliens  in  the 
English  language  and  other  subjects,  and  in  respect  to  the  duties  and  rights 
of  citizenship  and  the  fundamental  principles  of  the  American  system  of 
government;  and  may  establish  and  supervise  classes  and  otherwise  further 
their  education. 


LAWS  RELATING  TO  LABOR.  *  91 

4.  The    commissioner    of    labor    may    enter    and    inspect    all    labor    camps 
within   the   state,   and  any  camp   which   he   may   have   reasonable  cause   to 
believe    is    a   labor    canup ;    and   shall    inspect   all   employment   and    contract 
labor    agencies   dealing   with   aliens,   or   whenever   he   may    have   reasonable 
cause  to  believe  that  such  employment  or  contract  labor  agencies  deal  with 
aliens;    or  who  secure  or  negotiate  contracts  for  their   employment  within 
the   state;    shall   inspect  all   immigrant  lodging  places   or  all   places   where 
he  has  reasonable  cause  to  believe  that  aliens  are  received,  lodged,  boarded 
or  harbored;    shall  co-operate  wTith  other  public  authorities,  to  enforce  all 
laws  applicable  to  private  bankers  dealing  with  aliens  and  laborers;   secure 
information  with  respect  to  such  aliens  who  shall  be  in  prisons,  almshouses 
and  insane  asylums  of  the  state,  and  who  shall  be  deportable  under  the  laws 
of  the  United  States,  and  co-operate  with  the  federal  authorities  and  with 
such  officials  of  the  state  having  jurisdiction  over  such  criminals,  paupers 
and  insane  aliens  who  shall  be  confined  as  aforesaid,  so  as  to  facilitate  the 
deportation   of    such    persons   as    shall    come   within   the    provisions   of    the 
aforesaid  laws  of  the  United  States,  relating  to  deportation;    shall  investi- 
gate and  inspect  institutions  established  for  the  temporary  shelter  and  care 
of   aliens,   and    such    philanthropic   societies   as    shall    be   organized   for   the 
purpose  of  securing  employment  for  or  aiding  in  the  distribution  of  aliens, 
and  the  methods  by  which  they  are  conducted. 

5.  The   commissioner    of    labor   shall   investigate   conditions   prevailing   at 
the  various  places   where   aliens   are   landed  within  this   state,   and  at  the 
several  docks,  ferries,  railway  stations  and  on  trains  and  boats  therein,  and 
in  co-operation  with  the  proper  authorities,  afford  them  protection  against 
frauds,   crimes   and  exploitation;    shall   investigate   any   and   all   complaints 
with  respect  to  frauds,  extortion,   incompetency   and  improper  practices  by 
notaries  public,  interpreters  and  other  public  officials,  or  by  any  other  person 
or  by  any  corporation,  whether  public  or  private,  and  present  to  the  proper 
authorities   the   results   of   such   investigation  for  action  thereon;    shall   in- 
vestigate and  study  the  general  social  conditions  of  aliens  within  this  state, 
for  the  purpose  of  inducing  remedial  action  by  the  various  agencies  of  the 
state    possessing    the    requisite    jurisdiction;    and    shall    generally,    in    con- 
junction with  existing  public  and  private  agencies,  consider  and  devise  means 
to  promote  the  welfare  of  the  state.     [As  am'd  by  L.  1912,  ch.  543.] 

§  154.  Proceedings  before  the  commissioner  of  labor. —  Any  investigation, 
inquiry  or  hearing  which  the  commissioner  of  labor  has  power  to  undertake 
or  to  hold  may  by  special  authorization  from  the  commissioner  of  labor, 
be  undertaken  or  held  by  or  before  the  chief  investigator,  or  any  official 
whom  he  may  designate,  and  any  decision  rendered  on  such  investigation, 
inquiry  or  hearing,  when  approved,  and  confirmed  by  the  commissioner  and 
ordered  filed  in  his  office,  shall  be  and  be  deemed  to  be  the  order  of  the 
commissioner.  All  hearings  before  the  commissioner  or  chief  investigator 
or  official  duly  designated  therefor  shall  be  governed  by  rules  to  be  adopted 
and  prescribed  by  the  commissioner.  The  commissioner  or  chief  investigator 
or  official  duly  designated  therefor  shall  not  be  bound  by  technical  rules  of 
evidence,  and  shall  have  the  power  to  subpoena  any  witness  or  any  person, 
and  to  examine  all  books,  contracts,  records  and  documents  of  any  person 
or  corporation  and  by  subpoena  duces  tecum  to  compel  production  thereof, 


92  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

and  to  effect  as  far  as  practicable  an  amicable  settlement  or  adjustment  oi 
any  such  complaint.  Such  subpoena  shall  be  issued  by  the  commissioner  or 
chief  investigator  under  the  seal  of  the  department  of  labor.  No  person  shall 
be  excused  from  testifying  or  from  producing  any  books  or  papers  on  any 
investigation  or  inquiry  by  or  upon  .any  hearing  before  the  commissioner  or 
chief  investigator,  or  official  duly  designated  thereof,*  when  ordered  to  do 
so,  upon  the  ground  that  the  testimony  or  evidence,  books  or  documents  re- 
quired of  him  may  tend  to  incriminate  him  or  subject  him  to  a  penalty  or 
forfeiture,  but  no  person  shall  be  prosecuted,  punished  or  subjected  to  any 
penalty  or  forfeiture,  for  or  on  account  of  any  act,  transaction,  matter  or 
thing,  concerning  which  he  shall  under  oath  have  testified  or  produced 
documentary  evidence;  provided,  however,  that  no  person  so  testifying  shall 
be  exempt  from  prosecution  or  punishment  for  any  perjury  committed  by  him 
in  his  testimony.  [As  am'd  ly  L.  1912,  ch.  543.] 

§  155.  Registration  and  reports  of  employment  agencies. —  The  term  "  em- 
ployment agency"  as  used  in  this  act  shall  include  any  person,  firm,  corpo- 
ration or  association  regularly  engaging  in  the  business  of  negotiating  labor 
contracts  or  of  receiving  applications  for  help  or  labor,  or  for  places  or  posi- 
tions, excepting  such  as  shall  conduct  agencies  exclusively  for  procuring  em- 
ployment for  teachers,  for  incumbents  of  technical,  clerical  or  executive  posi- 
tions, for  vaudeville  or  theatrical  performers,  musicians  or  nurses,  and  also 
excepting  bureaus  conducted  by  registered  agricultural  or  medical  institu- 
tions and,  excepting  also  departments  maintained  by  persons,  firms,  corpora- 
tions or  associations  for  the  purpose  of  securing  help  for  themselves  where 
no  fee  is  charged  the  applicant  for  employment.  All  employment  agencies 
other  than  those  herein  excepted  shall  on  or  before  the  first  day  of  October, 
nineteen  hundred  and  ten,  and  annually  thereafter,  file  with  the  commissioner 
of  labor  a  statement  containing  the  name  of  the  person,  firm,  corporation  or 
association  conducting  such  agency,  the  street  and  number  of  the  place  where 
the  same  shall  be  conducted  and  showing  whether  said  agency  is  licensed  or 
unlicensed,  and  if  licensed,  specifying  the  date  and  duration  of  the  license, 
by  whom  granted  and  the  number  thereof.  Such  statements  shall  be  regis- 
tered by  the  commissioner.  Every  such  employment  agency  shall  keep  in  the 
office  thereof  a  full  record  of  the  country  of  the  birth  of  those  for  whom 
places  or  positions  are  secured,  their  length  of  residence  in  this  country,  and 
the  name  and  address  of  the  person,  firm  or  corporation  to  whom  the  per- 
sons for  whom  such  places  or  positions  are  secured  shall  be  sent,  the  occupa- 
tion for  which  employment  shall  be  secured,  and  the  compensation  to  be  paid 
to  the  person  employed.  The  books  and  records  of  every  such  agency  shall 
at  all  reasonable  hours  be  subject  to  examination  by  the  commissioner  of 
labor.  Any  person  who  shall  fail  to  register  with  the  commissioner  of  labor 
or  to  keep  books  or  records  shall  be  guilty  of  a  misdemeanor  and  shall  be 
punishable  for  the  first  offense  by  a  fine  of  not  less  than  ten  dollars,  nor 
more  than  twenty-five  dollars,  and  for  every  subsequent  offense  by  a  fine  of 
not  less  than  twenty-five  dollars,  nor  more  than  one  hundred  dollars,  or  by 
imprisonment  for  not  more  than  thirty  days,  or  by  both  such  fine  and  im- 
prisonment. 

*  So  in  original. 


LAWS  RELATING  TO  LABOR.  *  93 

§  156.  The  licensing  and  regulation  of  immigrant  lodging  places. 

1.  No  person  shall  hereafter,  directly  or  indirectly,  own,  conduct  or  keep 
an  immigrant  lodging  place  without  having  first  obtained  from  the  com- 
missioner of  labor  a  license  therefor.  Before  receiving  such  license  the 
applicant  therefor  shall  file  with  the  commissioner  of  labor,  in  such  form 
as  he  may  prescribe,  <a  statement  certified  by  such  applicant,  or  if  said 
applicant  is  a  corporation,  by  one  of  its  officers,  designating  the  location  of 
the  immigrant  lodging  place  for  which  a  license  shall  be  requested,  and 
specifying  the  number  of  boarders  or  lodgers  received  by  said  applicant 
at  any  one  time  during  the  year  preceding  such  application  iat  the  place 
for  which  a  license  is  sought,  or  if  no  business  shall  have  previously  been 
conducted  at  said  place  the  maximum  number  of  boarders  or  lodgers  which 
it  will  accommodate.  With  such  application  there  shall  be  presented  to 
the  commissioner  of  labor  proof  of  the  good  moral  character  of  the  applicant, 
and  in  case  such  applicant  is  a  corporation,  of  its  officers,  and  in  addition 
thereto  *[,  in  the  discretion  of  the  commissioner  of  labor,]  a  bond  to  the 
people  of  the  state  of  New  York,  with  two  or  more  sureties  or  of  a  surety 
company  approved  by  the  commissioner  of  labor,  conditioned  that  the  obligor 
shall  obey  all  laws,  rules  and  regulations  applicable  to  such  immigrant 
lodging  place  prescribed  by  any  lawful  authority,  and  that  such  obligor 
shall  discharge  all  obligations  and  pay  all  damages,  loss  and  injuries  which 
shall  accrue  to  any  person  or  persons  dealing  with  such  licensee,  by  reason 
of  any  contract  or  other  obligation  of  such  licensee,  or  resulting  from  any 
fraud  or  deceit,  conversion  of  property,  oppression,  excessive  charges,  or 
other  wrongful  act  of  said  licensee  or  of  his  servants  or  agents  in  connection 
with  the  business  so  licensed.  Where  the  number  of  boarders  or  lodgers 
specified  in  said  application  shall  not  exceed  ten  persons  the  penalty  of  said 
bond  shall  be  one  hundred  dollars,  where  it  shall  be  more  than  ten  and 
less  than  fifty  persons  it  shall  be  two  hundred  and  fifty  dollars,  and  where 
the  number  shall  be  more  than  fifty  it  shall  be  five  hundred  dollars.  Any 
person  aggrieved  may  bring  an  action  for  the  enforcement  of  such  bond  in 
any  court  of  competent  jurisdiction.  On  the  approval  of  the  application 
for  said  license  'and  of  the  bond  filed  therewith  the  commissioner  of  labor 
shall  issue  a  license  authorizing  the  applicant  to  own,  conduct  and  manage 
an  immigrant  lodging  place  at  the  place  designated  in  the  application  and 
to  be  specified  in  the  license  certificate.  For  such  license  the  applicant  shall 
pay  to  the  commissioner  of  labor  a  fee  of  five  dollars  where  the  number  of 
boarders  or  lodgers  stated  in  the  application  does  not  exceed  ten,  a  fee  of 
ten  dollars  where  such  number  exceeds  ten  and  does  not  exceed  fifty,  and 
a  fee  of  twenty-five  dollars  where  such  number  exceeds  fifty.  Such  license 
shall  not  be  transferable  without  the  consent  of  the  commissioner  of  labor, 
nor  authorize  the  conduct  of  an  immigrant  lodging  place  on  any  other 
premises  than  those  described  in  the  application.  Such  license  shall  be 
renewable  annually  on  the  payment  of  a  fee  based  on  the  maximum  number 
of  boarders  and  lodgers  received  by  the  licensee  at  the  place  licensed  during 
the  preceding  year,  as  shown  in  a  sworn  statement  filed  by  such  applicant 

*  This  phrase  was  inserted  by  L.  1912,  ch.  837,  approved  April  15,  but  was  not 
included  in  the  amendment  made  by  L.  1912,  ch.  543,  approved  April  19.  According 
to  the  general  rule  of  construction  that  the  latest  amendatory  act  supersedes  prior 
ones,  the  courts  would  probably  hold  that  the  above  phrase  is  not  a  part  of  the  law. 


94*  RETORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

in  such  form  as  the  commissioner  of  labor  shall  prescribe.  The  commissioner 
of  labor  shall  keep  a  book  or  books  in  which  the  licenses  granted  and  the 
bonds  filed  shall  be  entered  in  alphabetical  order,  together  with  a  state- 
ment of  the  date  of  the  issuance  of  the  license,  the  name  or  names  of 
the  principals,  the  place  where  the  business  licensed  is  to  be  transacted, 
the  names  of  the  sureties  upon  the  bond  filed  and  the  amount  of  the  license 
fee  paid  by  the  licensee. 

2.  Every  licensee  shall  keep  conspicuously  posted  in  the  public  rooms  and 
in  each  bedroom  of  the  place  licensed   a  statement  printed   in  the  English 
language  and   in  the   language  understood   by   the  majority  of   the  patrons 
of  said  place,  specifying  the  rate  of  charges  by  the  day  and  week  for  lodging, 
for  meals  supplied,   for  the   transportation  of   passengers   and  baggage,   the 
services   of   guides,    and   other    service   rendered   to   such   patrons.      No  sum 
shall  be  charged  or  received  by  or  for  the  licensee  in  excess  of  such  posted 
rates  for  any  service  rendered,  and  payment  shall  not  be  enforceable  for  any 
charge  in  excess  of  such  rates.     A  copy  of  the  rates  so  posted  shall  be  filed 
by  the  licensee  with  the  commissioner  of  labor,  and  no  increased  rate  shall 
be  charged  or  received  until  a  revised  schedule  showing  such  increase  shall 
have  been  filed  with  the   commissioner  of  labor.     Every  such  licensee  shall 
likewise  file  with  the  commissioner  of  labor  a  list  specifying  the  names  and 
addresses  of  every  person  employed  by  such  licensee  as  a  runner,  guide  or 
other  employee,  and  showing  whether  such  person  is  employed  at  a  salary 
or  on  commission. 

3.  A   license   granted   hereunder    shall   be    revocable   by   the    commissioner 
of  labor  on  notice  to  the  licensee  and  for  cause  shown. 

4.  The  term  immigrant  lodging  place  as  used  in  this  section  includes  any 
place,   boarding    house,    lodging    house,    inn   or    hotel    where    immigrants    or 
emigrants  while  in  transit,  or  aliens  are  received,  lodged,  boarded  or  harbored, 
which  shall  not  include  any  place  maintained  or  conducted  by  a  charitable, 
philanthropic  or  religious  society,  association  or  corporation.     Nothing  con- 
tained herein  shall  be  held  to  apply  to  temporary  sleeping  quarters  in  labor 
or  construction  camps. 

5.  Any  person  or  any  officer  of  a  corporation  owning,  conducting  or  man- 
aging an  immigrant  lodging  place  without  having  obtained   from  the  com- 
missioner of  labor   a  license  therefor,  or  who  shall   carry  on  such  business 
after  the  revocation  of  a  license  to  carry   on   such  business,   or  who  shall 
violate   any   of   the    provisions    of   this   section,    shall    be   guilty    of    a   mis- 
demeanor. 

6.  The  license   fees  collected  hereunder   shall   be   paid   to   the  comptroller 
and  shall  constitute  a  fund  to  be  used  in  the  joint  discretion  of  the  comp- 
troller and  commissioner  of  labor   for  the  expenses   necessary   for  carrying 
out  the  provisions  of  this  section.     [Added  by  L.   1911,  ch.  845;    am'd  and 
renumbered  by  L.  1912,  ch.  543.] 

Further  legislative  action  is  necessary  for  the  disposition  of  this  fund  in  con- 
formity with  the  requirement  of  the  state  constitution  that  every  appropriation  shall 
distinctly  specify  the  amount  appropriated  (opinion  of  Attorney-General,  January 
3,  1912). 

§  156-a.  Reports. —  The  commissioner  of  labor  shall  make  an  annual  report 
to  the  legislature  of  the  operation  of  this  bureau.  [Originally  §  156; 
renumbered  by  L.  1912,  ch.  543.] 


LAWS  KELATING  TO  LABOR.  *  95 


ARTICLE   12. 

[Formerly  article  11 ;  renumbered  by  L.  1913,  ch.  145.] 
Employment  of  "Women  and  Children  in  Mercantile  Establishments. 

[Until  October  1,  1908,  the  enforcement  of  this  article  everywhere  teas  in  the 
hands  of  local  boards  of  health.  Enforcement  in  cities  of  the  first  class  was  trans- 
ferred to  the  department  of  labor  on  October  1,  190S,  and  in  cities  of  the  second 
da**  on  March  28,  1913;  elseichere  enforcement  remains  as  before  (§  172).  ATow- 
(umpliance  with  provisions  is  a  misdemeanor  (Penal  Law,  §  1275,  post).] 

Section  160.  Application   of  article. 

161.  Hours   of   labor  of   minors. 
161-a.  Hours  of  labor  of  messengers. 
182.   Employment   of   children. 

163.  Employment  certificate ;  how  issued. 

164.  Contents   of  certificate. 

165.  School    record,    what   to  contain. 

166.  Supervision  ov3r  issuance  of  certificates. 

167.  Registry  of  children  employed. 

168.  Wash-rooms   and   water-closets. 

169.  Lunch  rooms. 

170.  Seats  for  women  in  mercantile  establishments. 

171.  Employment  of  women    and    children   in  basements. 

172.  Enforcement   of  article. 

173.  Laws  to  be  posted. 

{  160.  Application  of  article. —  The  provisions  of  this  article  shall  apply 
to  all  villages  and  cities  which  at  the  last  preceding  state  enumeration  had 
a  population  of  three  thousand  or  more. 

§  161.  Hours  of  labor  of  minors. —  No  child  under  the  age  of  sixteen  years 
shall  be  employed,  permitted  or  suffered  to  work  in  or  in  connection  with  any 
mercantile  establishment,  business  office,  or  telegraph  office,  restaurant,  hotel, 
apartment-house,  theater  or  other  place  of  amusement,  bowling  alley,  barber 
shop,  shoe-polishing  establishment,  or  in  the  distribution  or  transmission  of 
merchandise,  articles  or  messages,  or  in  the  distribution)  or  sale  of  articles 
more  than  six  days  or  fifty-four  hours  in  any  one  week,  or  more  than  nine 
hours  in  any  one  day,  or  before  eight  o'clock  in  the  morning  or  after  seven 
o'clock  in  the  evening  of  any  day.  The  foregoing  provision  shall  not  apply 
to  any  employment  prohibited  or  regulated  by  section  four  hundred  and 
eighty-five  of  the  penal  law.  No  female  employee  shall  be  required,  permitted 
or  suffered  to  work  in  or  in  connection  with  any  mercantile  establishment  in 
any  second-class  city  more  than  fifty-four  hours  in  any  one  week,  and  else- 
where more  than  sixty  hours  in  any  one  week;  or  more  than  nine  hours  in 
any  one  day  in  any  second-class  city ;  or  elsewhere  more  than  ten  hours  in 
any  one  day,  unless  for  the  purpose  of  making  a  shorter  work  day  of  some 
one  day  of  the  week;  or  before  seven  o'clock  in  the  morning  or  after  six 
o'clock  in  the  evening  of  any  day  in  any  second-class  city,  or  elsewhere  after 
ten  o'clock  in  the  evening  of  any  day.  This  section  does  not  apply  to  the 
employment  of  persons  sixteen  years  of  age  or  upward  on  Saturday,  provided 
the  total  number  of  hours  of  labor  in  a  week  of  any  such  person  does  not 
exceed  fifty-four  hours  in  any  second-class  city  or  elsewhere  sixty  hours,  nor 
to  the  employment  of  persons  during  the  five  days  preceding  the  twenty-fifth 
day  of  December  in  any  second-class  city,  or  elsewhere  between  the  eighteenth 
day  of  December  and  the  following  twenty-fourth  day  of  December,  both 


96  *  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

inclusive.  Not  less  than  forty-five  minutes  shall  be  allowed  for  the  noonday 
meal  of  the  employees  of  any  such  establishment.  Whenever  any  employee  is 
employed  or  permitted  to  work  after  seven  o'clock  in  the  evening,  such 
employee  shall  be  allowed  at  least  twenty  minutes  to  obtain  lunch  or  supper 
between  five  and  seven  o'clock  in  the  evening.  [As  am'd  by  L.  1910,  ch.  387, 
L.  1911,  ch.  866,  and  L.  1913,  ch.  493.] 

Compare  §  77,  ante,  as  to  factories. 

The  provision  for  lengthening  the  working  hours  of  one  or  more  days  for  the 
purpose  of  shortening  some  one  work  day  is  applicable  to  second-class  cities  as 
well  as  to  other  localities  (opinion  of  Attorney-General,  May  24,  1913). 

The  section  does  not  permit  the  shortening  of  more  than  one  day  in  order  to 
lengthen  some  one  day  (opinion  of  Attorney-General,  February  6,  1913). 

§  161-a.  Hours  of  labor  of  messengers. —  In  cities  of  the  first  or  second 
class  no  person  under  the  age  of  twenty-one  years  shall  be  employed  or  per- 
mitted to  work  as  a  messenger  for  a  telegraph  or  messenger  company  in  the 
distribution,  transmission  or  delivery  of  goods  or  messages  before  five  o'clock 
in  the  morning  or  after  ten  o'clock  in  the  evening  of  any  day.  [Added  by  L. 
1910,  ch.  342.] 

Compare  Article  15,  post,  as  to  employment  of  children  in  street  trades.  See 
also  Penal  Law,  §  488,  under  CHILD  LABOR,  pdat. 

§  162.  Employment  of  children. —  No  child  under  the  age  of  fourteen 
years  shall  be  employed  or  permitted  to  work  in  or  in  connection  with  any 
mercantile  or  other  business  or  establishment  specified  in  the  preceding 
section.  No  child  under  the  age  of  sixteen  years  shall  be  so  employed  or 
permitted  to  work  unless  an  employment  certificate,  issued  'as  provided  in 
this  article,  shall  have  been  theretofore  filed  in  the  office  of  the  employer 
at  the  place  of  employment  of  such  child.  [As  am'd  by  L.  1909,  ch.  293, 
and  by  L.  1911,  ch.  866.] 

Compare  §  70,  ante,  and  Education  Law,  §§  626,  628,  under  CHILD  LABOR,  post. 

Section  488  of  the  Penal  Law  makes  it  a  misdemeanor  to  send  a  messenger  boy 
into  disorderly  houses,  unlicensed  saloons,  etc. 

§  163.  Employment  certificate;  how  issued. —  Such  certificate  shall  be  issued 
by  the  commissioner  of  health  or  the  executive  officer  of  the  board  or  de- 
partment of  health  of  the  city,  town  or  village  where  such  child  resides  or  is 
to  be  employed,  or  by  such  officer  thereof  as  may  be  designated  by  such 
board,  department  or  commissioner  for  that  purpose,  upon  the  application  of 
the  parent,  guardian  or  custodian  of  the  child  desiring  such  employment. 
Such  officer  shall  not  issue  such  certificate  until  he  has  received,  examined, 
approved  and  filed  the  following  papers  duly  executed,  viz.:  The  school 
record  of  such  child  properly  filled  out  and  signed  as  provided  in  this  article; 
also,  evidence  of  age  showing  that  the  child  is  fourteen  years  old  or  up- 
wards, which  shall  consist  of  "the  evidence  thereof  provided  in  one  of  the  f ol- 
lowing  subdivisions  of  this  section  and  which  shall  be  required  in  the  order 
herein  designated  as  follows: 

(a)  Birth  certificate. —  A  duly  attested  transcript  of  the  birth  certificate 
filed   according  to  law  with   a  registrar   of  vital  statistics  or  other  officer 
charged  with  the  duty  of  recording  births  which  certificate  shall  be  conclusive 
evidence  of  the  age  of  such  child. 

(b)  Certificate  of  graduation. — A  certificate  of  graduation  duly  issued  to 
such  child  showing  that  such  child  is  a  graduate  of  a  public  school  of  the 


LAWS  RELATING  TO  LABOR.  *  97 

state  of  New  York  or  elsewhere,  having  a  course  of  not  less  than  eight  years, 
or  of  a  school  in  the  state  of  New  York  other  than  a  public  school,  having  a 
substantially  equivalent  course  of  study  of  not  less  than  eight  years'  dura- 
tion, in  which  a  record  of  the  attendance  of  such  child  has  been  kept  as  re- 
quired by  article  twenty  of  the  education  law,  provided  that  the  record  of 
such  school  shows  such  child  to  be  at  least  fourteen  years  of  age. 

(c)  Passport  or  baptismal  certificate. —  A  passport  or  a  duly  attested  tran- 
script of  a  certificate  of  baptism  showing  the  date  of  birth  and  place  of  bap- 
tism of  such  child. 

(d)  Other  documentary  evidence. —  In  case  it  shall  appear  to  the  satisfac- 
tion of  the  officer  to  whom  application  is  made,  as  herein  provided,  for  an 
employment  certificate,  that  a  child  for  whom  such  certificate  is  requested 
and  who  has  presented  the  school  record,  is  in  fact  over  fourteen  years  of 
age,  and  that  satisfactory  documentary  evidence  of  age  can    be    produced, 
which  does  not  fall  within  any  of  the  provisions  of  the  preceding  subdivisions 
of  this  section,  and  tliat  none  of  the  papers  mentioned  in  said  subdivisions  can 
be  produced,  then  and  not  otherwise  he  shall  present  to  the  board  of  health 
of  which  he  is  an  officer  or  agent,  for  its  action  thereon,  a  statement  signed 
by  him  showing  such  facts  together  with  such  affidavits  or  papers  as  may 
have  been  produced  before  him  constituting  such  evidence  of  the  age  of  such 
child,  and  the  board  of  health,  at  a  regular  meeting  thereof,  may  then,  by 
resolution,  provide  that  such  evidence  of  age  shall  be  fully  entered  on  the 
minutes  of  such  board,  and  shall  be  received  as  sufficient  evidence  of  the 
age  of  such  child  for  the  purpose  of  this  section. 

(e)  Physicians'  certificates.     In  cities  of  the  first  class  only,  in  case  appli- 
cation for  the  issuance  of  an  employment  certificate  shall  be  made  to  such 
officer  by  a  ch-ild's  parent,  guardian  or  custodian  who  alleges  his  inability 
to  produce  any  of  the  evidence  of  age  specified  in  the  preceding  subdivisions 
of  this  section,  and  if  the  child  is  apparently  at  least  fourteen  .years  of  age, 
such  officer  may  receive  and  file  an  application  signed  by  the  parent,  guardian 
or  custodian  of  such  child  for  physicians'  certificates.     Such  application  shall 
contain  the  alleged  age,  place  and  date  of  birth,  and  present  residence  of  such 
child,  together  with  such  further  facts  as  may  be  of  assistance  in  determining 
the  age  of  such  child.    Such  application  shall  be  filed  for  not  less  than  ninety 
daya  after  date  of  such  application  for  such  physicians'  certificates,  for  an 
examination  to  be  made  of  the  statements  contained  therein,  and  in  case  no 
facts  appear  within  such  period  or  by  such  examination  tending  to  discredit 
or  contradict  any  material  statement  of  such  application,  then  and  not  other- 
wise the  officer  may  direct  such  child  to  appear  thereafter  for  physical  exam- 
ination before  two  physicians  officially  designated  by  the  board  of   health, 
and  in  case  such  physicians  shall  certify  in  writing  that  they  have  separately 
examined  such  child  and  that  in  their  opinion  such  child  is  at  least  four- 
teen years  of  age  such  officer  shall  accept  such  certificate  as  sufficient  proof 
of  the  age  of  such  child  for  the  purposes  of  this  section.    In  case  the  opinions 
of  such  physicians  do  not  concur,  the  child  shall  be  examined  by  a  third 
physician  and  the  concurring  opinions  shall  be  conclusive  for  the  purpose  of 
this  section  as  to  the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  specified  in  subdivision    (a) 
in  preference  to  that  specified  in  any  subsequent  subdivision  and  shall  not 

4 


98*  REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

accept  the  evidence  of  age  permitted  by  any  subsequent  subdivision  unless  he 
shall  receive  and  file  in  addition  thereto  an  affidavit  of  the  parent  showing 
that  no  evidence  of  age  specified  in  any  preceding  subdivision  or  subdivisions 
of  this  section  can  be  produced.  Such  affidavit  shall  contain,  the  age,  place 
and  date  of  birth,  and  present  residence  of  such  child,  which  affidavit  must 
be  taken  before  the  officer  issuing  the  employment  certificate,  who  is  hereby 
authorized  and  required  to  administer  such  oath  and  who  shall  not  demand 
or  receive  a  fee  therefor.  Such  employment  certificate  shall  not  be  issued 
until  such  child  shall  further  have  personally  appeared  before  and  been 
examined  by  the  officer  issuing  the  certificate,  and  until  such  officer  shall, 
after  making  such  examination,  sign  and  file  in  his  office  a  statement  that 
the  child  can  read  and  legibly  write  simple  sentences  in  the  English  language 
and  that  in  his  opinion  the  child  is  fourteen  years  of  age  or  upwards  and  has 
reached  the  normal  development  of  a  child  of  its  age,  and  is  in  sound  health 
and  is  physically  able  to  perform  the  work  which  it  intends  to  do.  In  every 
case,  before  an  employment  certificate  is  issued,  such  physical  fitness  shall 
be  determined  by  a  medical  officer  of  the  department  or  board  of  health,  who 
shall  make  a  thorough  physical  examination  of  the  child  and  record  the 
result  thereof  on  a  blank  to  be  furnished  for  the  purpose  by  the  commissioner 
of  labor  and  shall  set  forth  thereon  such  facts  concerning  the  physical  con- 
dition and  history  of  the  child  as  the  commissioner  of  labor  may  require. 
Every  such  employment  certificate  shall  be  signed  in  the  presence  of  the 
officer  issuing  the  same,  by  the  child  in  whose  name  it  is  issued.  [As  am'd 
ly  L.  1913,  ch.  144.] 

Compare  §  71,  ante,  and  note.  False  statement  in  relation  to  the  certificate  or 
application  therefor  is  specifically  denounced  as  a  misdemeanor  by  the  Penal  Law, 
§  1275. 

§  164.  Contents  of  certificate. —  Such  certificate  shall  state  the  date  and 
place  of  birth-  of  the  child,  and  describe  the  color  of  hair  and  eyes  and  the 
height  and  weight  and  any  distinguishing  facial  marks  of  such  child,  and 
that  the  papers  required  by  the  preceding  section  have  been  duly  examined, 
approved  and  filed  and  that  the  child  named  in  such  certificate  has  appeared 
before  the  officer  signing  the  certificate  and  been  examined. 

Identical  with   5   72,  ante. 

§  165.  School  record  what  to  contain. —  The  school  record  required  by  this 
article  shall  be  signed  by  the  principal  or  chief  executive  officer  of  the 
school  which  such  child  has  attended  and  shall  be  furnished  on  demand  to 
a  child  entitled  thereto  or  to  the  board,  department  or  commissioner  of 
health.  It  shall  contain  a  statement  certifying,  that  the  child  has  regularly 
attended  the  public  schools  or  schools  equivalent  thereto  or  parochial  schools 
for  not  less  than  one  hundred  and  thirty  days  during  the  twelve  months 
next  preceding  his  fourteenth  birthday,  or  during  the  twelve  months  next 
preceding  his  application  for  such  school  record,  and  is  able  to  read  and 
write  simple  sentences  in  the  English  language,  has  received  during  such 
period  instruction  in  reading,  spelling,  writing,  English  grammar  and  geogra- 
phy and  is  familiar  with  the  fundamental  operations  of  arithmetic  up  to  and 
including  fractions  and  has  completed  the  work  prescribed  for  the  first  six 
years  of  the  public  elementary  school  or  school  equivalent  thereto  or  parochial 
school,  from  which  such  school  record  is  issued.  Such  school  record  shall 


LAWS  RELATING  TO  LABOR.  *  99 

also  give  the  date  of  birth  and  residence  of  the  child  as  shown  on  the  records 
of  the  school  and  the  name  of  its  parent  or  guardian  or  custodian.  [As  am'd 
ly  L.  1913,  ch.  144.] 

Identical  with  §  73,  ante.     Compare  §  630  of  Education  Law,  post. 

§  166.  Supervision  over  issuance  of  certificates. —  The  board  or  department 
of  health  or  health  commissioner  of  a  city,  village  or  town  shall  transmit 
between  the  first  and  tenth  day  of  each  month  to  the  commissioner  of  labor 
a  list  of  the  names  of  all  children  to  whom  certificates  have  been  issued 
during  the  preceding  month,  together  with  a  duplicate  record  of  all  examina^ 
tions  as  to  physical  fitness,  including  those  resulting  in  rejection.  In  cities 
of  the  first  and  second  class  all  employment  certificates  and  school  records 
required  under  the  provisions  of  this  chapter  shall  be  in  such  form  as  shall 
be  approved  by  the  commissioner  of  labor.  In  towns,  villages  or  cities  other 
than  cities  of  the  first  or  second  class,  the  commissioner  of  labor  shall  prepare 
and  furnish  blank  forms  for  such  employment  certificates  and  school  records. 
Xo  school  record  or  employment  certificate  required  'by  this  article  other  than 
those  approved  or  furnished  by  the  commissioner  of  labor  as  above  provided 
shall  be  used.  The  commissioner  of  labor  shall  inquire  into  the  administra- 
tion, and  enforcement  of  the  provisions  of  this  article  by  all  public  officers 
charged  with  the  duty  of  issuing  employment  certificates,  and  for  that  pur- 
pose the  commissioner  of  labor  shall  have  access  to  all  papers  and  records 
required  to  be  kept  by  all  such  officers.  [Added  by  L.  1913,  ch.  144.] 

§  167.  Registry  of  children  employed. —  The  owner,  manager  or  agent  of  a 
mercantile  or  other  establishment  specified  in  section  one  hundred  and  sixty- 
one,  employing  children,  shall  keep  or  cause  to  be  kept  in  the  office  of  such 
establishment,  a  register,  in  which  shall  be  recorded  the  name,  birthplace, 
age  and  place  of  residence  of  all  children  so  employed  under  the  age  of 
sixteen  years.  Such  register  and  the  certificate  filed  in  such  office  shall  be 
produced  for  inspection,  upon  the  demand  of  an  officer  of  the  board,  depart- 
ment or  commissioner  of  health  of  the  town,  village  or  city  where  such  estab- 
lishment is  situated,  or  if  such  establishment  is  situated  in  a  city  of  the 
first  or  second  class,  upon  the  demand  of  the  commissioner  of  labor.  On 
termination  of  the  employment  of  the  child  so  registered  and  whose  certificate 
is  so  filed,  such  certificate  shall  be  forthwith  surrendered  by  the  employer  to 
the  child  or  its  parent  or  guardian  or  custodian.  An  officer  of  the  board, 
department  or  commissioner  of  health  of  the  town,  village  or  city  where  a 
mercantile  or  other  establishment  mentioned  in  this  article  is  situated,  or  if 
such  establishment  is  situated  in  a  city  of  the  first  or  second  class  the  com- 
missioner of  labor  may  make  demand  on  an  employer  in  whose  establishment 
a  child  apparently  under  the  age  of  sixteen  years  is  employed  or  permitted 
or  suffered  to  work,  and  whose  employment  certificate  is  not  then  filed  as 
required  by  this  chapter,  that  such  employer  shall  either  furnish  him,  within 
ten  days,  evidence  satisfactory  to  him  that  such  child  is  in  fact  over  sixteen 
years  of  age,  or  shall  cease  to  employ  or  permit  or  suffer  such  child  to  work 
in  such  establishment.  The  officer  may  require  from  such  employer  the  same 
evidence  of  age  of  such  child  as  is  required  on  the  issuance  of  an  employment 
certificate  and  the  employer  furnishing  such  evidence  shall  not  be  required  to 
furnish  any  further  evidence  of  the  age  of  the  child.  A  notice  embodying 
such  demand  may  be  served  on  such  employer  personally  or  may  be  sent  by 


100*         REPORT  OF  THE  COMMISSIONED  or  LABOE,  1913. 

mail  addressed  to  him  at  said  establishment,  and  if  served  by  post  shall  be 
deemed  to  have  been  served  at  the  time  when  the  letter  containing  the  same 
would  be  delivered  in  the  ordinary  course  of  the  post.  When  the  employer 
is  a  corporation  such  notice  may  be  served  either  personally  upon  an  officer 
of  such  corporation,  or  by  sending  it  by  post  addressed  to  the  office  or  the 
principal  place  of  business  of  such  corporation.  The  papers  constituting  such 
evidence  of  age  furnished  by  the  employer  in  response  to  such  demand  shall, 
except  in  cities  of  the  first  and  second  class,  be  filed  with  the  board,  depart- 
ment or  commissioner  of  health,  and  in  cities  of  the  first  and  second  class 
with  the  commissioner  of  labor,  and  a  material  false  statement  made  in  any 
such  paper  or  affidavit  by  any  person  shall  be  a  misdemeanor.  In  case  such 
employer  shall  fail  to  produce  and  deliver  to  the  officer  of  the  board,  depart- 
ment or  commissioner  of  health,  or  in  cities  of  the  first  and  second  class  to 
the  commissioner  of  labor,  within  ten  days  after  such  demand  such  evidence 
of  age  herein  required  by  him,  and  shall  thereafter  continue  to  employ  such 
child  or  permit  or  suffer  such  child  to  work  in  such  mercantile  or  other 
establishment,  proof  of  the  giving  of  such  notice  and  of  such  failure  to 
produce  and  file  such  evidence  shall  be  prima  facie  evidence  in  any  prosecu- 
tion brought  for  a  violation  of  this  article  that  such  child  is  under  sixteen 
years  of  age  and  is  unlawfully  employed.  [As  am'd  6i/  L.  1913,  ch.  145.] 

Cf.  §  76,  ante. 

§  168.  Wash-rooms  and  water-closets. —  Suitable  and  proper  wash-rooms 
and  water-closets  shall  be  provided  in,  adjacent  to  or  connected  with  mercan- 
tile establishments.  Such  rooms  and  closets  shall  be  so  located  and  arranged 
as  to  be  easily  accessible  to  the  employees  of  such  establishments. 

Such  water-closets  shall  be  properly  screened  and  ventilated,  and,  at  all 
times,  kept  in  a  clean  condition.  The  water-closets  assigned  to  the  female 
employees  of  such  establishments  shall  be  separate  from  those  assigned  to  the 
male  employees. 

If  a  mercantile  establishment  has  not  provided  wash-rooms  and  water- 
closets,  as  required  by  this  section,  the  board  or  department  of  health  or 
health  commissioners  of  the  town,  village  or  city  where  such  establishment 
is  situated,  unless  such  establishment  is  situated  in  a  city  of  the  first  or 
second  class,  in  which  case  the  commissioner  of  labor  shall  caus^e  to  be  served 
upon  the  owner,  agent  or  lessee  of  the  building  occupied  by  such  establish- 
ment a  written  notice  of  the  omission  and  directing  such  owner,  agent  or 
lessee  to  comply  with  the  provisions  of  this  section  respecting  such  wash- 
rooms and  water-closets. 

Such  owner  shall,  within  fifteen  days  after  the  receipt  of  such  notice,  cause 
such  wash-rooms  and  water-closets  to  be  provided.  [As  am'd  by  L.  1911,  ch. 
866,  and  L.  1913,  ch.  145.] 

Cf.  §§  88  and  S&-a,  ante. 

§  169.  Lunch-rooms. —  If  a  lunch-room  is  provided  in  a  mercantile  estab- 
lishment where  females  are  employed,  such  lunch-room  shall  not  be  next  to 
or  adjoining  the  water-closets,  unless  permission  is  first  obtained  from  the 
board  or  department  of  health  or  health  commissioners  of  the  town,  village 
or  city  where  such  mercantile  establishment  is  situated,  unless  such  estab- 
lishment is  situated  in  a  city  of  the  first  or  second  class  in  which  case  such 
permission  must  be  obtained  from  the  commissioner  of  labor.  Such  per- 


LAWS  EELATING  TO  LABOR.  *  101 

mission  shall  be  granted  unless  it  appears  that  proper  sanitary  conditions  do 
not  exist,  and  it  may  be  revoked  at  any  time  by  the  board  or  department  of 
health  or  health  commissioners,  if  it  appears  that  such  lunch-room  is  kept 
in  a  manner  or  in  a  part  of  a  building  injurious  to  the  health  of  the  em- 
ployees, unless  such  establishment  is  situated  in  a  city  of  the  first  or  second 
class,  in  which  case  said  permission  may  be  so  revoked  by  the  commissioner 
of  labor.  [As  am'd  ~by  L.  1913,  ch.  145.] 

See  also   §   89-a,   ante. 

§  170.  Seats  for  women  in  mercantile  establishments. —  Chairs,  stools  or 
other  suitable  seats  shall  be  maintained  in  mercantile  establishments  for  the 
use  of  female  employees  therein,  to  the  number  of  at  least  one  seat  for  ever/ 
three  females  employed,  and  the  use  thereof  by  such  employees  shall  be  al- 
lowed at  such  times  and  to  such  extent  as  may  be  necessary  for  the  preser- 
vation of  their  health.  If  the  duties  of  the  female  employees,  for  the  use  of 
whom  the  seats  are  furnished,  are  to  be  principally  performed  in  front  of  a 
counter,  table,  desk  or  fixture,  such  seats  shall  be  placed  in  front  thereof; 
if  such  duties  are  to  be  principally  performed  behind  such  counter,  table,  desk 
or  fixture,  such  seats  shall  be  placed  behind  the  same. 

Cf.  §   17,  ante.     Violation  is  a  misdemeanor :   Penal  Law,   §   1273,   post. 

§  171.  Employment  of  women  and  children  in  basements. —  Women  or  chil- 
dren shall  not  be  employed  or  permitted  to  work  in  the  basement  of  a 
mercantile  establishment,  unless  permitted  by  the  board  or  department  of 
health,  or  health  commissioner  of  the  town,  village  or  city  where  such  mer- 
cantile establishment  is  situated,  unless  such  establishment  is  situated  in  a 
city  of  the  first  or  second  class  in  which  case  such  permission  must  be  ob- 
tained from  the  commissioner  of  labor.  Such  permission  shall  be  granted 
unless  it  appears  that  such  basement  is  not  sufficiently  lighted  and  ventilated, 
and  is  not  in  good  sanitary  condition.  [As  am'd  by  L.  1913,  ch.  145.] 

§  172.  Enforcement  of  article. —  Except  in  cities  of  the  first  and  second 
class  the  board  or  department  of  health  or  health  commissioners  of  a  town, 
village  or  city  affected  by  this  article  shall  enforce  the  same  and  prosecute 
all  violations  thereof.  Proceedings  to  prosecute  such  violations  must  be  begun 
within  sixty  days  after  the  alleged  offense  was  committed.  All  officers  and 
members  of  such  boards  or  department,  all  health  commissioners,  inspectors 
and  other  persons  appointed  or  designated  by  such  boards,  departments  or 
commissioners  may  visit  and  inspect,  at  reasonable  hours  and  when  prac- 
ticable and  necessary,  all  mercantile  or  other  establishments  herein  specified 
within  the  town,  village  or  city  for  which  they  are  appointed.  No  person 
shall  interfere  with  or  prevent  any  such  officer  from  making  such  visitations 
and  inspections,  nor  shall  he  be  obstructed  or  injured  by  force  or  otherwise 
while  in  the  performance  of  his  duties.  All  persons  connected  with  any  such 
mercantile  or  other  establishment  herein  specified  shall  properly  answer  all 
questions  asked  by  such  officer  or  inspector  in  reference  to  any  of  the  pro- 
visions of  this  article.  In  cities  of  the  first  and  second  class  the  commis- 
sioner of  labor  shall  enforce  the  provisions  of  this  article,  and  for  that  pur- 
pose he  and  his  subordinates  shall  possess  all  powers  herein  conferred  upon 
town,  village,  or  city  boards  and  departments  of  health  and  their  commis- 
sioners, inspectors,  and  other  officers,  except  that  the  board  or  department  of 
health  of  said  cities  of  the  first  and  second  class  shall  continue  to  issue 


102  *         KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

employment  certificates  as  provided  in  section  one  hundred  and  sixty-three  of 
this  chapter.     [As  am'd  ly  L.  1913,  ch.  145.] 

§  173.  Laws  to  be  posted. —  A  copy  or  abstract  of  applicable  provisions  of 
this  chapter  and  of  the  rules  and  regulations  of  the  industrial  board  to  be 
prepared  and  furnished  by  the  commissioner  of  labor  shall  be  kept  posted  by 
the  employer  in  a  conspicuous  place  on  each  floor  of  every  mercantile  or  other 
establishment  specified  in  article  twelve  of  this  chapter  situated  in  cities  of 
the  first  or  second  class,  wherein  three  or  more  persons  are  employed  who 
are  affected  by  such  provisions.  [As  am'd  by  L.  1913,  ch.  145.] 

ARTICLE  13. 

Convict-made  Goods  and  Duties  of  Commissioner    of  Labor  Relative 

Thereto. 

[Compare  §  620  of  the  Penal  Law,  post.  See  also  subject  PRISON  LABOR,  post. 
As  to  constitutionality  see  People  v.  Beattie,  96  A.pp.  Div.  383 ;  People  ex  rel. 
Appel  v.  Zimmerman,  102  App.  Div.  103 ;  People  v.  Hawkins,  157  N.  Y.  1 ;  and 
People  ex  rel.  Phillips  v.  Raynes,  136  App.  Div.  417,  aff'd  198  N.  T.  Mem.  89. 
Also  Constitution,  art.  Ill,  §  29,  under  PRISON  LABOR,  post.] 
Section  190.  License  for  sale  of  convict-made  goods. 

191.  Revocation  of  license. 

192.  Annual  statement  of  licensee. 

193.  Labeling   and    marking   convict-made    goods. 

194.  Duties    of    commissioner   of    labor   relative    to    violations;    fines    upon 

convictions. 

195.  Article  not   to  apply   to   goods   manufactured    for   use   of   state    or   a 

municipal   corporation. 

§  190.  License  for  sale  of  convict -made  goods. —  No  person  or  corporation 
shall  sell,  or  expose  for  sale,  any  convict-made  goods,  wares  or  merchandise, 
either  by  sample  or  otherwise,  without  a  license  therefor.  Such  license  may 
be  obtained  upon  application  in  writing  to  the  comptroller,  setting  forth  the 
residence  or  post-office  address  of  the  applicant,  the  class  of  goods  desired  to 
be  dealt  in,  the  town,  village  or  city,  with  the  street  number,  if  any,  at  which 
the  business  of  such  applicant  is  to  be  located.  Such  application  shall  be 
accompanied  with  a  bond,  executed  by  two  or  more  responsible  citizens,  or 
some  legally  incorporated  surety  company  authorized  to  do  business  in  this 
state,  to  be  approved  by  the  comptroller,  in  the  sum  of  five  thousand  dollars, 
and  conditioned  that  such  applicant  will  comply  with  all  the  provisions  of 
law  relative  to  the  sale  of  convict-made  goods,  wares  and  merchandise.  Such 
license  shall  be  for  a  term  of  one  year  unless  sooner  revoked.  Such  person 
or  corporation  shall  pay,  annually,  on  or  before  the  fifteenth  day  of  January, 
the  sum  of  five  hundred  dollars  as  a  license  fee,  into  the  treasury  of  the 
state,  which  amount  shall  b«  credited  to  the  maintenance  account  of  the 
state  prisons. 

Such  license  shall  be  kept  conspicuously  posted  in  the  place  of  business  of 
such  licensee. 

The  requirement  of  a  license  as  in  this  section  is  unconstitutional :  People 
ex  rel.  Phillips  v.  Raynes,  136  App.  Div.  417,  aff'd  198  N.  Y.  Mem.  39. 

Products  of  labor  of  prisoners  in  this  state  not  to  be  sold :  Const.,  art.  Ill, 
§29,  post. 

§  191.  Revocation  of  license. —  The  comptroller  may  revoke  the  license  of 
any  such  person  or  corporation,  upon  satisfactory  evidence  of,  or  upon  con- 


LAWS  KELATING  TO  LABOR.  *  103 

viction  for  the  violation  of  any  statute  regulating  the  sale  of  convict-made 
goods,  wares  or  merchandise;  such  revocation  shall  not  be  made  until  after 
due  notice  to  the  licensee  so  complained  of.  For  the  purpose  of  this  section, 
the  comptroller  or  any  person  duly  appointed  'by  him,  may  administer  oaths 
and  subpoena  witnesses  and  take  and  hear  testimony. 

§  192.  Annual  statement  of  licensee. —  Each  person  or  corporation  so  li- 
censed shall,  annually,  on  or  before  the  fifteenth  day  of  January,  transmit 
to  the  secretary  of  state  a  verified  statement  setting  forth: 

1.  The  name  of  the  person  or  corporation  licensed. 

2.  The  names  of  the  persons,  agents,  wardens  or  keepers  of  any  prison,  jail, 
penitentiary,  reformatory  or  establishment  using  convict  labor,  with  whom 
he  has  done  business,  and  the  name  and  address  of  the  person  or  corpora- 
tion to  whom  he  has  sold  goods,  wares  and  merchandise,  and 

3.  In  general  terms,  the  amount  paid  to  each  of  such  agents,  wardens  or 
keepers,  for  goods,  wares  or  merchandise  and  the  character  thereof. 

§  193.  Labeling  and  marking  convict-made  goods. — All  goods,  wares  and 
merchandise  made  by  convict  labor  in  a  penitentiary,  prison,  reformatory  or 
other  establishment  in  which  convict  labor  is  employed,  shall  be  branded,  la- 
beled or  marked  as  herein  provided.  The  brand,  label  or  mark,  used  for  such 
purpose,  shall  contain  at  the  head  or  top  thereof,  the  words  "convict-made," 
followed  by  the  year  when,  and  the  name  of  the  penitentiary,  prison,  reform- 
atory or  other  establishment  in  which  the  article  branded,  labeled  or  marked 
was  made. 

Such  brands,  labels  and  marks  shall  be  printed  in  plain  English  lettering, 
of  the  style  and  size  known  as  great  primer  Roman  condensed  capitals.  A 
brand  or  mark  shall  be  used  in  all  cases  where  the  nature  of  the  article  will 
permit  and  only  where  such  branding  or  marking  is  impossible  shall  a  label 
be  used.  Such  label  shall  be  in  the  form  of  a  paper  tag  and  shall  be  attached 
by  wire  to  each  article,  where  the  nature  of  the  article  will  permit,  and  shall 
be  placed  securely  upon  the  box,  crate  or  other  covering  in  which  such  goods, 
wares  or  merchandise  are  packed,  shipped  or  exposed  for  sale. 

Such  brand,  mark  or  label  shall  be  placed  upon  the  most  conspicuous  part 
of  the  finished  article  and  its  box,  crate  or  covering. 

No  convict-made  goods,  wares  or  merchandise  shall  be  sold  or  exposed  for 
Bale  without  such  brand,  mark  or  label. 

The  requirement  of  branding  of  goods  from  other  states  was  held  uncon- 
etitutional  in  1898  In  People  v.  Hawkins,  157  N.  Y.  1. 

§  194.  Duties  of  commissioner  of  labor  relative  to  violations;  fines  upon 
convictions. —  The  commissioner  of  labor  shall  enforce  the  provisions  of  this 
article.  If  he  has  reason  to  believe  that  any  of  such  provisions  are  being 
violated,  he  shall  advise  the  district  attorney  of  the  county  wherein  such 
alleged  violation  has  occurred  of  such  fact,  giving  the  information  in  support 
of  his  conclusion.  The  district  attorney  shall,  at  once,  institute  the  proper 
proceedings  to  compel  compliance  with  this  article  and  secure  conviction  for 
such  violations. 

Upon  the  conviction  of  a  person  or  corporation  for  a  violation  of  this 
article,  one-half  of  the  fine  recovered  shall  be  paid  and  certified  by  the  dis- 
trict attorney  to  the  commissioner  of  labor,  who  shall  use  such  money  in 


104*         KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

investigating  and  securing  information  in  regard  to  violations  of  this  chap- 
ter, and  in  paying  the  expenses  of  such  conviction. 

Of.  Penal  Law,  §  020,  post. 

§  195.  Article  not  to  apply  to  goods  manufactured  for  use  of  state  or  a 
municipal  corporation. —  Nothing  in  this  article  shall  apply  to  or  affect  the 
manufacture  in  state  prisons,  reformatories  and  penitentiaries,  and  furnishing 
of  articles  for  the  use  of  the  offices,  departments  and  institutions  of  the  state 
or  any  political  division  thereof,  as  provided  by  section  one  hundred  fifty- 
eight,  one  hundred  seventy  to  one  hundred  seventy-five,  both  inclusive,  one 
hundred  severity-seven,  one  hundred  seventy-eight,  one  hundred  eighty-one, 
one  hundred  eighty-three,  one  hundred  eighty-five,  one  hundred  eighty-six,  one 
hundred  eighty-nine,  and  one  hundred  ninety-one  of  the  prison  law. 

ARTICLE    14. 
Employer's  Liability. 

[In  the  case  of  railicay  employees  there  should  "be  read  with  this  article  section  64 
of  the  Railroad  Law  given,  under  DUTIES  AND  LIABILITIES  OF  EMPLOYERS  AND 
EMPLOYEES,  post.  Court  decisions  under  the  liability  laics  are  very  numerous,  but 
a  large  proportion  of  these  are  of  little  general  significance  outside  of  the  particular 
case  in  hand.  Only  a  few  of  those  which  seem  of  leading  importance  since  the 
amendment  of  1910  are  here  referred  to  in  notes.] 
Section  200.  Employer's  liability  for  injuries. 

201.  Notice  to  be  served. 

202.  Assumption  of  risks ;  contributory  negligence,  when  a  question  of  fact. 
202-a.  Trial ;  burden  of  proof. 

203.  Defense ;  insurance  fund. 

204.  Existing  rights  of  action  continued. 

205.  Consent  by  employer  and  employee  to  compensation  plan. 

206.  Liability  to  pay  compensation  ;   notice  of  accident. 

207.  Amount  of  compensation ;   persons   entitled  ;   physical  examination. 

208.  Settlement  of  disputes. 

209.  Preferential    claim ;    not   assignable   or    subject    to    attachment ;    attor- 

ney's fee. 

210.  Cancellation  of  consent. 

211.  Reports  of  compensation  plan. 

212.  Reports  by  employer. 

§  200.  Employer's  liability  for  injuries. —  When  personal  injury  is  caused 
to  an  employee  who  is  himself  in  the  exercise  of  due  care  and  diligence  at 
the  time: 

1.  By  reason  of  any  defect  in  the  condition  of  the  ways,  works,  machinery, 
or  plant,  connected  with  or  used  in  the  business  of  the  employer  which  arose 
from  or  had  not  been  discovered  or  remedied  owing  to  the  negligence  of  the 
employer  or  of  any  person  in  the  service  of  the  employer  and  intrusted  by 
him  with  the  duty  of  seeing  that  the  ways,  "Works,  machinery,  or  plant,  were 
in  proper  condition; 

2.  By  reason  of  the  negligence  of  any  person  in  the  service  of  the  employer 
intrusted  with  any  superintendence  or  by  reason  of   the  negligence   of  any 
person  intrusted  with  authority  to  direct,  control  or  command  any  employee 
in  the  performance  of  the  duty  of  such  employee.     The  employee,  or  in  case 
the    injury   results    in   death,   the   executor   or    administrator   of   a   deceased 
employee  who  has  left  him  surviving  a  husband,  wife  or  next  of  kin,  shall 
have    the   same   right   of   compensation   and   remedies   against   the   employer 
as  if  the  employee  had  not  been  an  employee  of  nor  in  the  service  of  the 


LAWS  RELATING  TO  LABOR.  *  105 

employer  nor  engaged  in  his  work.  The  provisions  of  law  relating  to  actions 
for  causing  death  by  negligence,  so  far  as  the  same  are  consistent  with  this 
act,  shall  apply  to  an  action  brought  by  an  executor  or  administrator  of  a 
deceased  employee,  suing  under  the  provisions  of  this  article.  If  an  employer 
enters  into  a  contract,  written  or  verbal,  with  an  independent  contractor  to 
do  part  of  such  employer's  work,  or  if  such  contractor  enters  into  a  contract 
with  a  subcontractor  to  do  all  or  any  part  of  the  work  comprised  in  such 
contractor's  contract  with  the  employer,  such  contract  or  subcontract  shall 
not  bar  the  liability  of  the  employer  for  the  injuries  to  the  employees  of 
such  contractor  or  subcontractor,  caused  by  any  defect  in  the  condition  of 
the  ways,  works,  machinery,  or  plant,  if  they  are  the  property  of  the  em- 
ployer or  are  furnished  by  him,  and  if  such  defect  arose,  or  had  not  been 
discovered  or  remedied,  through  the  negligence  of  the  employer,  or  of  some 
person  intrusted  by  him  with  the  duty  of  seeing  that  they  were  in  proper 
condition.  [As  am'd  by  L.  1910,  ch.  352.] 

As  to  scope  of  word  "  plant "  see  Lipstein  v.  Provident  Loan  Society,  154  App. 
Div.  732. 

§  201.  Notice  to  be  served. —  No  action  for  recovery  of  compensation  for 
injury  or  death  under  this  article  shall  be  maintained  unless  notice  of  the 
time,  place  and  cause  of  the  injury  is  given  to  the  employer  within  one 
hundred  and  twenty  days  and  the  action  is  commenced  within  one  year  after 
the  occurrence  of  the  accident  causing  the  injury  or  death.  The  notice 
required  by  this  section  shall  be  in  writing  and  signed  by  the  person  injured 
or  by  some  one  in  his  behalf,  but  if  from  physical  or  mental  incapacity  it 
is  impossible  for  the  person  injured  to  give  notice  within  the  time  provided, 
in  this  section,  he  may  give  the  same  within  ten  days  after  such  incapacity 
is  removed.  In  case  of  his  death  without  having  given  such  notice,  his  execu- 
tor or  administrator  may  give  such  notice  within  sixty  days  after  his  appoint- 
ment, but  no  notice  under  the  provisions  of  this  section  shall  be  deemed  to 
be  invalid  or  insufficient  solely  by  reason  of  any  inaccuracy  in  stating  the 
time,  place  or  cause  of  the  injury  if  it  be  shown  that  there  was  nq  intention 
to  mislead  and  that  the  party  entitled  to  notice  was  not  in  fact  misled  thereby. 
If  such  notice  does  not  apprise  the  employer  of  the  time,  place  or  cause  of 
injury,  he  may,  within  eight  days  after  -service  thereof,  serve  upon  the  sender 
a  written  demand  for  a  further  notice,  which  demand  must  specify  the  par- 
ticular in  which  the  first  notice  is  claimed  to  be  defective,  and  a  failure  by 
the  employer  to  make  such  demand  as  herein  provided  shall  be  a  waiver  of 
all  defects  that  the  notice  may  contain.  After  service  of  such  demand  as 
herein  provided,  the  sender  of  such  notice  may  at  any  time  within  eight 
days  thereafter  serve  an  amended  notice  which  shall  supersede  such  first 
notice  and  have  the  same  effect  as  an  original  notice  hereunder.  The  notice 
required  by  this  section  shall  be  served  on  the  employer,  or  if  there  is  more 
than  one  employer,  upon  one  of  such  employers,  and  may  be  served  by 
delivering  the  same  to  or  at  the  residence  or  place  of  business  of  the  person 
on  whom  it  is  to  be  served.  The  notice  or  demand  may  be  served  by  post  by- 
letter  addressed  to  the  person  on  whom  it  is  to  be  served,  at  his  last  known 
place  of  residence  or. place  of  business,  and  if  served  by  post  shall  be  deemed 
to  have  been  served  at  the  time  when  the  letter  containing  the  same  would 
be  delivered  in  the  ordinary  course  of  the  post.  When  the  employer  is  a 


106  *          REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

corporation,  notice  shall  be  served  by  delivering  the  same  or  by  sending  it 
by  post  addressed  to  the  office  or  principal  place  of  business  of  such  corpora- 
tion. [As  am'd  by  L.  1910,  ch.  352.] 

§  202.  Assumption  of  risks;  contributory  negligence,  when  a  question  of 
fact. —  An  employee  by  entering  upon  or  continuing  in  the  service  of  the 
employer  shall  be  presumed  to  have  assented  to  the  necessary  risks  of  the 
occupation  or  employment  and  no  others.  The  necessary  risks  of  the  occupa- 
tion or  employment  shall,  in  all  cases  arising  after  this  article  takes  effect, 
be  considered  as  including  those  risks,  and  those  only,  inherent  in  the  nature 
of  the  business  which  remain  after  the  employer  has  exercised  due  care  in 
providing  for  the  safety  of  his  employees,  and  has  complied  with  the  laws 
affecting  or  regulating  such  business  or  occupation  for  the  greater  safety  of 
such  employees.  In  an  action  brought  to  recover  damages  for  personal  injury 
or  for  death  resulting  therefrom  received  after  this  act  takes  effect,  owing 
to  any  cause,  including  open  and  visible  defects,  for  which  the  employer 
would  be  liable  but  for  the  hitherto  available  defense  of  assumption  of  risk 
by  the  employee,  the  fact  that' the  employee  continued  in  the  service  of  the 
employer  in  the  same  place  and  course  of  employment  after  the  discovery  by 
such  emploj^ee,  or  after  he  had  been  informed  of  the  danger  of  personal  injury 
therefrom  shall  not  be,  as  matter  of  fact  or  as  matter  of  law,  an  assumption 
of  the  risk  of  injury  therefrom,  but  an  employee,  or  his  legal  representative, 
shall  not  be  entitled  under  this  article  to  any  right  of  compensation  or  remedy 
against  the  employer  in  any  case  where  such  employee  knew  of  the  defect 
or  negligence  which  caused  the  injury  and  failed,  within  a  reasonable  time, 
to  give,  or  cause  to  be  given,  information  thereof  to  the  employer,  or  to 
some  person  superior  to  himself  in  the  service  of  the  employer,  or  who  had 
intrusted  to  him  some  superintendence,  unless  it  shall  appear  on  the  trial 
that  such  defect  or  negligence  was  known  to  such  employer,  or  superior 
person,  prior  to  such  injuries  to  the  employee;  or  unless  such  defect  could 
have  been  discovered  by  such  employer  by  reasonable  and  proper  care,  tests 
or  inspection.  [As  am'd  ~by  L.  1910,  ch.  352.] 

§  202-a.  Trial;  burden  of  proof. —  On  the  trial  of  any  action  brought  by 
an  employee  or  his  personal  representative  to  recover  damages  for  negligence 
arising  out  of  and  in  the  course  of  such  employment,  contributory  negligence 
of  the  injured  employee  shall  be  a  defense  to  be  so  pleaded  and  proved  by 
the  defendant.  [Added  ly  L.  1910,  ch.  352.] 

Contributory  negligence  may  be  predicated  as  matter  of  law :  Hogan  v.  N.  Y.  C. 
&  H.  R.  R.  R.  Co.,  208  N.  Y.  445. 

§  203.  Defense;  insurance  fund. —  An  employer  who  shall  have  contributed 
to  an  insurance  fund  created  and  maintained  for  the  mutual  purpose  of 
indemnifying  an  employee  for  personal  injuries,  for  which  compensation  may 
be  recovered  under  this  article,  or  to  any  relief  society  or  benefit  fund  created 
under  the  laws  of  this  state,  may  prove  in  mitigation  of  damages  recoverable 
by  an  employee  under  this  article  such  proportion  of  the  pecuniary  benefit 
which  has  been  received  by  such  employee  from  such  fund  or  society  on 
account  of  such  contribution  of  the  employer,  as  the  contribution  of  such 
employer  to  such  fund  or  society  bears  to  the  whole  contribution  thereto. 

Under  the  common  law  an  agreement  relieving  the  employer  from  liability  is 
void :  Johnston  v.  Fargo,  as  President  of  the  American  Express  Company,  184 


LAWS  RELATING  TO  LABOR.  *  107 

N.  Y.  379  (1906),  affg  98  App.  Div.  436.  But  an  employee  may  release  an  employer 
from  liability  in  consideration  of  benefits  from  a  relief  fund  :  Colaizzi  v.  Pennsyl- 
vania R.  R.  Co.,  208  N.  Y.  275  (1913),  aff'g  143  App.  Div.  638. 

§  204.  Existing  rights  of  action  continued. —  Every  existing  right  of  action 
for  negligence  or  to  recover  damages  for  injuries  resulting  in  death  is  con- 
tinued and  nothing  in  this  article  contained  shall  be  construed  as  limiting 
any  such  right  of  action,  nor  shall  the  failure  to  give  the  notice  provided  for 
in  section  two  hundred  and  one  of  this  article  be  a  bar  to  the  maintenance 
of  a  suit  upon  any  such  existing  right  of  action. 

§  205.  Consent  by  employer  and  employee  to  compensation  plan. —  When 
and  if  any  employer  in  this  state  and  any  of  his  employees  shall  consent  to 
the  compensation  plan  described  in  sections  two  hundred  and  six  to  two  hun- 
dred and  twelve,  inclusive,  of  this  article,  hereinafter  referred  to  as  the  plan, 
and  shall  signify  their  consent  thereto  in  writing  signed  by  each  of  them  or 
their  authorized  agents,  and  acknowledged  in  the  manner  prescribed  by  law 
for  taking  the  acknowledgment  of  a  conveyance  of  real  property,  and  such 
writing  is  filed  with  the  county  clerk  of  the  county  in  which  it  is  signed  by 
the  employee,  then  so  long  as  such  consent  has  not  expired  or  been  canceled 
as  hereinafter  provided,  such  employee,  or  in  case  injury  to  him  results  in 
death,  his  executor  or  administrator,  shall  have  no  other  right  of  action 
against  the  employer  for  personal  injury  or  death  of  any  kind,  under  any 
statute  or  at  common  law,  save  under  the  plan  so  consented  to,  except  where 
personal  injury  to  the  employee  is  caused  in  whole  or  in  part  by  the  failure 
of  the  employer  to  obey  a  valid  order  made  by  the  commissioner  of  labor  or 
other  public  authority  authorized  to  require  the  employer  to  safeguard  hia 
employees,  or  where  such  injury  is  caused  by  the  serious  or  willful  miscon- 
duct of  the  employer.  In  such  excepted  cases  thus  described,  no  right  of 
action  which  the  employee  has  at  common  law  or  by  any  other  statute  shall 
be  affected  or  lost  by  his  consent  to  the  plan,  if  such  employee,  or  in  case 
of  death  his  executor  or  administrator,  commences  such  action  before  accept- 
ing any  benefit  under  such  plan  or  giving  any  notice  of  injury  as  provided 
in  section  twro  hundred  and  six  hereof.  The  commencing  of  any  legal  action 
whatsoever  at  common  law  or  by  any  statute  against  the  employer  on 
account  of  such  injury,  except  under  the  plan,  shall  bar  the  employee,  and 
in  the  event  of  his  death  his  executors,  administrators,  dependents  and  other 
beneficiaries,  from  all  benefit  under  the  plan.  This  section  and  sections  two 
hundred  and  six  to  two  hundred  and  twelve,  inclusive,  of  this  article  shall 
not  apply  to  a  railroad  corporation,  foreign  or  domestic,  doing  business  in 
this  state,  or  a  receiver  thereof,  or  to  any  person  employed  by  such  corpora- 
tion or  receiver.  [Added  by  L.  1910,  ch.  352.] 

§  206.  Liability  to  pay  compensation;  notice  of  accident. —  If  personal 
injury  by  accident  arising  out  of  and  in  the  course  of  the  employment  is 
caused  to  the  employee,  the  employer  shall,  subject  as  hereinafter  mentioned, 
be  liable  to  pay  compensation  under  the  plan  at  the  rates  set  out  in  section 
two  hundred  and  seven  of  this  article:  provided  that  the  employer  shall  not 
be  liable  in  respect  of  any  injury  which  does  not  disable  the  employee  for 
a  period  of  at  least  two  weeks  from  earning  full  wages  at  the  work  at  which 
he  was  employed,  and  that  the  employer  shall  not  be  liable  in  respect  of  any 
injury  to  the  employee  which  is  caused  by  the  serious  and  willful  miscon- 


108  *         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

duct  of  that  employee.  No  proceedings  for  recovery  under  the  plan  provided 
hereby  shall  be  maintained  unless  notice  of  the  accident  has  been  given  to 
the  employer  as  soon  as  practicable  after  the  happening  thereof  and  before 
the  employee  has  voluntarily  left  the  employment  in  which  he  was  injured 
and  during  such  disability,  and  unless  claim  for  compensation  with  respect 
to  the  accident  has  been  made  within  six  months  from  the  occurrence  of  the 
accident,  or  in  the  case  of  death  of  the  employee,  or  in  the  event  of  his 
physical  or  mental  incapacity  within  six  months  after  such  death  or  removal 
of  such  physical  or  mental  incapacity,  or  in  the  event  that  weekly  payments 
have  been  made  under  the  plan,  within  six  months  after  such  payments 
have  ceased;  but  no  want  of  or  defect  or  inaccuracy  of  a  notice  shall  be  a 
bar  to  the  maintenance  of  proceedings  under  the  plan  unless  the  employer 
proves  that  he  is  prejudiced  by  said  want,  defect  or  inaccuracy.  Notice  of 
the  accident  shall  apprise  the  employer  of  the  claim  for  compensation  under 
this  plan  and  shall  state  the  name  and  address  of  the  employee  injured,  the 
date  and  place  of  the  accident  and  in  simple  language  the  cause  thereof. 
The  notice  may  be  served  personally  or  by  sending  it  by  mail  in  a  registered 
letter  addressed  to  the  employer  at  his  last  known  residence  or  place  of 
business.  [Added  ly  L.  1910,  ch.  352.] 

§  207.  Amount  of  compensation;  persons  entitled;  physical  examination. — 
The  amount  of  compensation  under  the  plan  shall  be:  1.  In  case  death 
results  from  injury: 

(a)  If  the  employee  leaves  a  widow  or  next  of  kin  at  the  time  of   his 
death  wholly  dependent  on  his  earnings,  a  sum  equal  to  twelve  hundred  times 
the  daily  earnings  of  the  employee  at  the  rate  at  which  he  was  being  paid 
by  the  employer  at  the  time  of  the  accident,  but  not  more  in  any  event  than 
three  thousand  dollars.     Any  weekly  payments   previously  made  under   the 
plan  shall  be  deducted  in  ascertaining  such  amount  payable  on  death. 

(b)  If  such  widow  or  next  of  kin  or  any  of  them  are  in  part  only  depend- 
ent upon  his  earnings,  such  sum  not  exceeding  that  provided  in  subdivision  a 
as  may  be  determined  to  be  reasonable  and  proportionate  to  the  injury  to 
such  dependents. 

(c)  If  he  leaves  no  widow,  or  next  of  kin  so  dependent  in  whole  or  in  part, 
the  reasonable  expenses  of  his  medical  attendance  and  burial,  not  exceeding 
one  hundred  dollars.     Whatever  sum  may  be  determined  to  be  payable  under 
the  plan,  in  case  of  death  of  the  injured  employee,  shall  be  paid  to  his  legal 
representative  for   the  benefit  of   such   dependents,   or   if  he   leaves  no   such 
dependents,  for  the  benefit  of  the  person  to  whom  the  expenses  of  medical 
attendance  and  burial  are  due. 

2.  Where  total  or  partial  incapacity  for  work  at  any  gainful  employment 
results  to  the  employee  from  the  injury,  a  weekly  payment  commencing  at 
the  end  of  the  second  week  after  the  injury  and  continuing  during  incapacity, 
subject  as  herein  provided,  not  exceeding  fifty  per  centum  of  his  average 
weekly  earnings  when  at  work  on  full  time  during  the  preceding  year  during 
which  he  shall  have  been  in  the  employment  of  the  same  employer,  or  if  he 
shall  have  been  employed  less  than  a  year,  then  a  weekly  payment  of  not 
exceeding  three  times  the  average  daily  earnings  on  full  time  for  such  less 
period. 

In  fixing  the  amount  of  the  weekly  payment,  regard  shall  be  had  to  any 
payment,  allowance  or  benefit  which  the  workman  may  have  received  from 


LAWS  RELATING  TO  LABOR.  *  109 

the  employer  during  the  period  of  his  incapacity,  and  in  the  case  of  partial 
incapacity  the  weekly  payment  shall  in  no  case  exceed  the  difference  between 
the  amount  of  the  average  weekly  earnings  of  the  workman  before  the 
accident  and  the  average  amount  which  he  is  earning  or  is  able  to  earn 
in  some  suitable  employment  or  business  after  the  accident  but  shall  amount 
to  one-half  of  such  difference.  In  no  event  shall  any  weekly  payment  pay- 
able under  the  plan  exceed  ten  dollars  per  week  or  extend  over  more  than 
eight  years  from  the  date  of  the  accident.  Any  person  entitled  to  receive 
weekly  payments  under  the  plan  is  required,  if  requested  by  the  employer, 
to  submit  himself  for  examination  by  a  duly  qualified  medical  practitioner 
or  surgeon  provided  and  paid  for  by  the  employer,  at  a  time  and  place  rea- 
sonably convenient  for  the  employee,  within  three  weeks  after  the  injury, 
and  thereafter  at  intervals  not  oftener  than  once  in  six  weeks.  If  the  work- 
man refuses  so  to  submit  or  obstructs  the  same,  his  right  to  weekly  pay- 
ments shall  be  suspended  until  such  examination  shall  have  taken  place,  and 
no  compensation  shall  be  payable  under  the  plan  during  such  period.  In 
case  an  injured  employee  shall  be  mentally  incompetent  at  the  time  when 
any  right  or  privilege  accrues  to  him  under  the  plan,  a  committee  or  guar- 
dian of  the  incompetent  appointed  pursuant  to  law  may,  on  behalf  of  such 
incompetent,  claim  and  exercise  any  such  right  or  privilege  with  the  same 
force  and  effect  as  if  the  employee  himself  had  been  competent  and  had 
claimed  or  exercised  any  such  right  or  privilege;  and  no  limitation  of  time 
herein  provided  for  shall  run  so  long  as  said  incompetent  employee  has  no 
committee  or  guardian.  [Added  "by  L.  1910,  ch.  352.] 

§  208.  Settlement  of  disputes. — 'Any  question  of  law  or  fact  arising  in 
regard  to  the  application  of  the  plan  in  determining  the  compensation  pay- 
able thereunder  or  otherwise  shall  be  determined  either  by  agreement  or  by 
arbitration  as  provided  in  the  code  of  civil  procedure,  or  by  an  action  at 
law  as  herein  provided.  In  case  the  employer  shall  be  in  default  in  any  of 
his  obligations  to  the  employee  under  the  plan,  the  injured  employee  or  his 
committee  or  guardian,  if  such  be  appointed,  or  his  executor  or  administrator, 
may  then  bring  an  action  to  recover  compensation  under  the  plan  in  any 
court  having  jurisdiction  thereof  as  on  a  written  contract.  Such  action 
shall  be  conducted  in  the  same  manner  as  an  action  at  law  for  the  recovery 
of  damages  for  breach  of  a  written  contract,  and  shall  for  all  purposes, 
including  the  determination  of  jurisdiction,  be  deemed  such  an  action.  The 
judgment  in  such  action,  in  favor  of  the  plaintiff,  shall  be  for  a  lump  sum 
equal  to  the  amount  of  the  payments  then  due  and  prospectively  due  under 
the  plan.  In  such  action  by  an  executor  or  administrator  the  judgment 
may  provide  the  proportions  of  the  award  or  the  costs  to  be  distributed  to 
or  between  the  several  dependents.  If  such  determination  is  not  made  it 
shall  be  determined  by  the  surrogate's  court  by  which  such  executor  or 
administrator  is  appointed,  in  accordance  with  the  terms  of  this  article  on 
petition  of  any  party  on  such  notice  as  such  court  may  direct.  [Added  by 
L.  1910,  ch.  352.] 

§  209.  Preferential  claim;  not  assignable  or  subject  to  attachment;  attor- 
ney's fees. —  Any  person  entitled  to  weekly  payments  under  the  plan  against 
any  employer  shall  have  the  same  preferential  claim  therefor  against  the 
assets  of  the  employer  as  now  allowed  by  law  for  a  claim  by  such  person 


110*         REPORT  or  THE  COMMISSIONER  OF  LABOR,  1913. 

against  such  employer  for  unpaid  wages  or  personal  services.  Weekly  pay- 
ments due  under  the  plan  shall  not  be  assignable  or  subject  to  attachment, 
levy  or  execution.  No  claim  of  an  attorney  for  any  contingent  interest  in 
any  recovery  under  the  plan  for  services  in  securing  such  recovery  shall  be 
an  enforceable  lien  thereon,  unless  the  amount  of  the  same  be  approved  in 
writing  by  a  justice  of  the  supreme  court,  or  in  case  the  same  is  tried  in 
any  court,  before  the  justice  presiding  at  such  trial.  [Added  by  L.  1910,  ch. 
352.] 

§  210.  Cancellation  of  consent. —  When  a  consent  to  the  plan  shall  have 
been  filed  in  the  office  of  the  county  clerk  as  herein  provided,  it  shall  be 
binding  upon  both  parties  thereto  as  long  as  the  relation  of  employer  and 
employee  exists  between  the  parties,  and  expire  at  the  end  of  such  employ- 
ment, but  it  may  at  any  time  be  canceled  on  sixty  days'  notice  in  writing 
from  either  party  to  the  other.  Such  notice  of  cancellation  shall  be  effective 
only  if  served  personally  or  sent  by  registered  letter  to  the  last  known  post- 
office  address  of  the  party  to  whom  it  is  addressed,  but  no  notice  of  cancella- 
tion shall  be  effective  as  to  a  claim  for  injury  occurring  previous  thereto. 
[Added  ly  L.  1910,  ch.  352.] 

§  211.  Reports  of  compensation  plan. —  Each  employer  who  shall  sign 
with  any  employee  a  consent  to  the  plan  shall,  within  thirty  days  there- 
after, file  with  the  commissioner  of  labor  a  statement  thereof,  signed  by 
such  employer,  which  shall  show  (a)  the  name  of  the  employer  and  his 
post-office  address,  (b)  the  name  of  the  employee  and  his  last  known  post- 
office  address,  (c)  the  date  of,  and  office  where  the  original  consent  is  filed, 
(d)  the  weekly  wage  of  the  employee  at  the  time  the  consent  is  signed; 
unless  such  statement  is  duly  filed,  such  consent  of  the  employee  shall  not 
be  a  bar  to  any  proceeding  at  law  commenced  by  the  employee  against  the 
employer.  [Added  ly  L.  1910,  ch.  352.] 

§  212.  Reports  by  employer. —  Each  employer  of  labor  in  this  state  who 
shall  have  entered  into  the  plan  with  any  employee  shall,  on  or  before  the 
first  day  of  January,  nineteen  hundred  and  eleven,  and  thereafter  and  at 
such  times  as  may  be  required  by  the  commissioner  of  labor,  make  a  report 
to  such  commissioner  of  all  amounts,  if  any,  paid  by  him  under  such  plan 
to  injured  employees,  stating  the  name  of  such  employees,  and  showing 
separately  the  amounts  paid  under  agreement  with  the  employees,  and  the 
amounts  paid  after  proceedings  at  law,  and  the  proceedings  at  law  under 
the  plan  then  pending.  Such  reports  shall  be  verified  by  the  employer  or  a 
duly  authorized  agent  in  the  same  manner  as  affidavits.  [Added  by  L. 
1910,  ch.  352.] 

ARTICLE    14-a. 

[Added  6i/  L.  1910,  ch.  674.] 
Workmen's    Compensation    in     Certain    Dangerons     Employments. 

[This  article  was  held  unconstitutional  t>y  the  Court  of  Appeals  in  Ires  v.  South 
Buffalo  Rv.  Co.,  201  N.  Y.  271   (1911).] 
Section  215,      Application   of   article. 

216.  Definitions. 

217.  Basis  of  liability. 

218.  Rights   of  action  not  affected. 

219.  Notice  of  accident. 
219-a.  Scale  of  compensation. 


LAWS  EELATING  TO  LABOK.  *  111 

Section  219-b.  Medical  examinations. 

219-c.  Incompetency  of  workman. 

219-d,  Settlement  of  disputes. 

219-e.  Preferences  and  exemptions. 

219-f.    Attorneys'   liens. 

219-g.  Liability  of  principal  contractors. 

§  215.  Application  of  article. —  This  article  shall  apply  only  to  workmen 
engaged  in  manual  or  mechanical  labor  in  the  following  employments,  each 
of  which  is  hereby  determined  to  be  especially  dangerous,  in  which  from 
the  nature,  conditions  or  means  of  prosecution  of  the  work  therein,  extraor- 
dinary risks  to  the  life  and  limb  of  workmen  engaged  therein  are  inherent, 
necessary  or  substantially  unavoidable,  and  as  to  each  of  which  employments 
it  is  deemed  necessary  to  establish  a  new  system  of  compensation  for  acci- 
dents to  workmen. 

1.  The  erection  or  demolition  of  any  bridge  or  building  in  which  there  is, 
or  in  which  the  plans  and  specifications  require,  iron  or  steel  frame  work. 

2.  The  operation  of  elevators,  elevating  machines  or   derricks  or  hoisting 
apparatus  used  within,  or  on  the  outside  of  any  bridge  or  building  for  the 
conveying  of  materials  in  connection  with  the  erection  or  demolition  of  such 
bridge  or  building. 

3.  Work  on  scaffolds  of  any  kind  elevated  twenty  feet  or  more  above  the 
ground,  water,  or  floor  beneath  in  the  erection,  construction,  painting,  altera- 
tion or  repair  of  buildings,  bridges  or  structures. 

4.  Construction,   operation,    alteration   or   repair    of   wires,   cables,   switch- 
boards or  apparatus  charged  with  electric  currents. 

5.  All    work    necessitating    dangerous    proximity    to    gunpowder,    blasting 
powder,    dynamite    or    any    other   explosives,    where    the    same    are    used    as 
instrumentalities  of  the  industry. 

6.  The  operation  on  steam  railroads  of  locomotives,  engines,  trains,  motors 
or  cars  propelled  by  gravity  or  steam,  electricity  or  other  mechanical  power, 
or  the  construction  or  repair  of  steam  railroad  tracks  and  road  beds  over 
which  such  locomotives,  engines,  trains,  motors  or  cars  are  operated. 

7.  The  construction  of  tunnels  and  subways. 

8.  All  work  carried  on  under  compressed  air. 

$  216.  Definitions. —  The  words,  "employer,"  "workman"  and  "employ- 
ment," or  their  plurals,  used  in  this  article,  shall  be  construed  to  apply  to 
all  the  employments  above  described. 

§  217.  Basis  of  liability. —  If,  in  the  course  of  any  of  the  employments 
above  described,  personal  injury  by  accident  arising  out  of  and  in  the  course 
of  the  employment  after  this  article  takes  effect  is  caused  to  any  workman 
employed  therein,  in  whole  or  in  part,  or  the  damage  or  injury  caused  thereby 
is  in  whole  or  part  contributed  to  by 

a.  A  necessary  risk  or  danger  of  the  employment  or  one  inherent  in  the 
nature  thereof;  or 

b.  Failure  of  the  employer  of  such  workman  or  any  of  his  or  its  officers, 
agents  or  employees  to  exercise  due  care,  or  to  comply  with  any  law  affect- 
ing such  employment;  then  such  employer  shall,  subject  as  hereinafter  men- 
tioned, be  liable  to  pay  compensation   at  the  rates  set  out  in  section   two 
hundred  and  nineteen-a  of  this  title;   provided  that  the  employer  shall  not 
be  liable  in  respect  of  any  injury  which  does  not  disable  the  workman  for  a 


112*         REPORT  OF  THE  COMMISSIONEE  OF  LABOE,  1913. 

period  of  at  least  two  weeks  from  earning  full  wages  at  the  work  at  which 
he  was  employed,  and  provided  that  the  employer  shall  not  be  liable  in 
respect  of  any  injury  to  the  workman  which  is  caused  in  whole  or  in  part 
by  the  serious  and  willful  misconduct  of  the  workman. 

§  218.  Rights  of  action  not  affected.— The  right  of  action  for  damages 
caused  by  any  such  injury,  at  common  law  or  under  any  statute  in  force  on 
January  one,  nineteen  hundred  and  ten,  shall  not  be  affected  by  this  article, 
and  every  existing  right  of  action  for  negligence  or  to  recover  damages  for 
injuries  resulting  in  death  is  continued,  and  nothing  in  this  article  shall  be 
construed  as  limiting  such  right  of  action,  but  in  case  the  injured  workman, 
or  in  event  of  his  death  his  executor  or  administrator,  shall  avail  himself 
of  this  article,  either  by  accepting  any  compensation  hereunder  in  accord- 
ance with  section  two  hundred  and  nineteen-a  hereof  or  by  beginning  pro- 
ceedings therefor  in  any  manner  on  account  of  any  such  injury,  he  shall  be 
barred  from  recovery  in  and  deemed  thereby  to  have  released  every  other 
action  at  common  law  or  under  any  other  statute  on  account  of  the  same 
injury  after  this  article  takes  effect.  In  case  after  such  injury  the  workman, 
or  in  the  event  of  his  death  his  executor  or  administrator,  shall  commence 
any  action  at  common  law  or  under  any  statute  other  than  this  article 
against  the  employer  therefor  he  shall  be  barred  from  all  benefit  of  this 
article  in  regard  thereto. 

§  219.  Notice  of  accident.— No  proceedings  for  compensation  under  this 
article  shall  be  maintained  unless  notice  of  the  accident  as  hereinafter  pro- 
vided has  been  given  to  the  employer  as  soon  as  practicable  after  the  hap- 
pening thereof  and  before  the  workman  has  voluntarily  left  the  employment 
in  which  he  was  injured,  and  during  such  disability,  'but  no  want  or  defect 
or  inaccuracy  of  a  notice  shall  be  a  bar  to  the  maintenance  of  proceedings 
unless  the  employer  proves  that  he  is  prejudiced  by  such  want,  defect  or 
inaccuracy.  Notice  of  the  accident  shall  state  the  name  and  address  of  the 
workman  injured,  the  date  and  place  of  the  accident,  and  in  simple  language 
the  physical  cause  thereof,  if  known.  The  notice  may  be  served  personally 
or  by  sending  it  by  mail  in  a  registered  letter  addressed  to  the  employer  at 
his  last  known  residence  or  place  of  business. 

§  219-a.  Scale  of  compensation. —  The  amount  of  compensation  shall  be  in 
case  death  results  from  injury: 

a.  If  the  workman  leaves  a  widow  or  next  of  kin  at  the  time  of  his  death 
wholly  'dependent  on  his  earnings,  a  sum  equal  to  twelve  hundred  times  the 
daily  earnings  of  such  workman  at  the  rate  at  which  he  was  being  paid  by 
such  employer  at  the  time  of  the  injury  subject  as  hereinafter  provided,  and 
in  no  event  more  than  three  thousand  dollars.     Any  weekly  payments  made 
under  this  article  shall  .be  deducted  in  ascertaining  such  amount. 

b.  If  such  widow  or  next  of  kin  at  the  time  of  his  death  are  in  part  only 
dependent   upon    his   earnings,    such    proportionate    sum   not   exceeding   that 
proArided  in  subdivision  a  as  may  be  determined  according  to  the  injury  to 
such  dependents. 

c.  If    he    leaves    no    dependents,    the    reasonable    expenses    of    his    medical 
attendance  and  burial,  not  exceeding  one  hundred  dollars. 

Whatever  sum  may  be  determined  to  be  payable  under  this  article  in  case 


LAWS  RELATING  TO  LABOR.  *  113 

of  death  of  the  injured  workman  shall  be  paid  to  his  legal  representative  for 
the  benefit  of  such  dependents,  or  if  he  leaves  no  such  dependents,  for  the 
benefit  of  the  persons  to  whom  the  expenses  of  medical  attendance  and  burial 
are  due. 

2.  Where  total  or  partial  incapacity  for  work  at  any  gainful  employment 
results  to  the  workman  from  the  injury,  a  weekly  payment  commencing  at 
the  end  of  the  second  week  after  the  injury  and  continuing  during  such 
incapacity,  subject  as  herein  provided,  equal  to  fifty  per  centum  of  his 
average  weekly  earnings  when  at  work  on  full  time  during  the  preceding  year 
during  which  he  shall  have  been  in  the  employment  of  the  same  employer,  or 
if  he  shall  have  been  in  the  employment  of  the  same  employer  for  less  than  a 
year,  then  a  weekly  payment  of  not  exceeding  three  times  the  average  daily 
earnings  on  full  time  for  such  less  period.  In  fixing  the  amount  of  the 
weekly  payment,  regard  shall  be  had  to  the  difference  between  the  amount 
of  the  average  earnings  of  the  workman  before  the  accident  and  the  average 
amount  he  is  able  to  earn  thereafter  as  wages  in  the  same  employment  or 
otherwise.  In  fixing  the  amount  of  the  weekly  payment,  regard  shall  be 
had  to  any  payment,  allowance  or  benefit  which  the  workman  may  have 
received  from  the  employer  during  the  period  of  his  incapacity,  and  in  the 
case  of  partial  incapacity  the  weekly  payment  shall  in  no  case  exceed  the 
difference  between  the  amount  of  the  average  weekly  earnings  of  the  work- 
man before  the  accident  and  the  average  weekly  amount  which  he  is  earning 
or  is  able  to  earn  in  the  same  employment  or  otherwise  after  the  accident, 
but  shall  amount  to  one-half  of  such  difference.  In  no  event  shall  any 
compensation  paid  under  this  article  exceed  the  damage  suffered,  nor  shall 
any  weekly  payment  payable  under  this  article  in  any  event  exceed  ten 
dollars  a  week  or  extend  over  more  than  eight  years  from  the  date  of  the 
accident. 

§  219-b.  Medical  examinations. —  Any  workman  entitled  to  receive  weekly 
payments  under  this  article  is  required,  if  requested  by  the  employer,  to 
submit  himself  for  examination  by  a  duly  qualified  medical  practitioner  or 
surgeon  provided  and  paid  for  by  the  employer,  at  a  time  and  place  reason- 
ably convenient  for  the  workman,  within  three  weeks  after  the  injury,  and 
thereafter  at  intervals  not  oftener  than  once  in  six  weeks.  If  the  workman 
refuses  to  submit  to  such  examination,  or  obstructs  the  same,  his  right  to 
weekly  payments  shall  be  suspended  until  such  examination  has  taken  place, 
and  no  compensation  shall  be  payable  during  or  for  account  of  such  period. 

§  219-c.  Incompetency  of  workman. —  In  case  an  injured  workman  shall 
be  mentally  incompetent  at  the  time  when  any  right  or  privilege  accrues  to 
him  under  this  article,  a  committee  or  guardian  of  the  incompetent  appointed 
pursuant  to  the  law  may,  on  behalf  of  such  incompetent,  claim  and  exercise 
any  such  right  or  privilege  with  the  same  force  and  effect  as  if  the  workman 
himself  had  been  competent  and  had  claimed  or  exercised  any  such  right 
or  privilege;  and  no  limitation  of  time  in  this  article  provided  for  shall  run 
so  long  as  said  incompetent  workman  has  no  committee  or  guardian. 

§  219-d.  Settlement  of  disputes. —  Any  question  which  may  arise  under  this 
act  shall  be  determined  either  by  agreement  or  by  arbitration  as  provided  in 
the  code  of  civil  procedure  or  by  an  action  at  law  as  herein  provided.  In  case 


REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

the  employer  fail  to  make  compensation  as  herein  provided,  the  injured 
workman,  or  his  committee  or  guardian,  if  such  be  appointed,  or  his  executor 
or  administrator,  may  then  bring  an  action  to  recover  compensation  under 
this  article  in  any  court  having  jurisdiction  thereof,  or  in  any  court  which 
would  have  had  jurisdiction  of  an  action  for  recovery  of  damages  for  negli- 
gence for  the  same  injury  between  the  same  parties.  This  article  however 
shall  not  be  construed  as  extending  the  jurisdiction  of  any  such  court  to 
award  judgment  for  an  amount  greater  than  now  allowed  by  law.  Such 
action  shall  be  conducted  in  the  same  manner  as  actions  at  law  for  the 
recovery  of  damages  for  negligence.  The  judgment  in  such  action  if  in  favor 
of  the  plaintiff  shall  be  for  a  sum  equal  to  the  amount  of  payments  then 
due  and  prospectively  due  under  this  article.  Such  action  must  be  com- 
menced within  six  months  after  the  happening  of  the  accident  or  in  case  of 
the  death  of  the  workman  by  such  accident  within  six  months  after  the 
appointment  of  his  legal  representative  in  this  state,  or  in  the  event  of  his 
physical  incapacity,  within  six  months  after  the  removal  thereof,  or  in  the 
event  of  weekly  payments  by  the  employer  hereunder,  within  six  months 
after  such  payments  have  ceased.  In  such  action  by  an  executor  or  adminis- 
trator the  judgment  may  provide  the  proportions  of  the  award  or  the  costs 
to  be  distributed  to  or  between  the  several  dependents.  If  such  determina- 
tion is  not  made  it  shall  be  determined  by  the  surrogate's  court,  in  which 
such  executor  or  administrator  is  appointed,  in  accordance  with  this  article, 
on  petition  of  any  party  interested  on  such  notice  as  such  court  may  direct. 

§  219-e.  Preferences  and  exemptions. —  Any  person  entitled  to  weekly  pay- 
ments under  this  article  against  any  employer  shall  have  the  same  prefer- 
ential claim  therefor  against  the  assets  of  the  employer  as  allowed  by  law 
for  a  claim  by  such  person  against  such  employer  for  unpaid  wages  or  per- 
sonal services.  Weekly  payments  due  under  this  article  shall  not  be  assign- 
able or  subject  to  levy,  execution  or  attachment. 

§  219-f.  Attorneys'  liens.— No  claim  of  an  attorney-at-law  for  any  con- 
tingent interest  in  any  recovery  under  this  article  for  services  in  securing 
such  recovery  or  for  disbursements  shall  be  an  enforceable  lien  on  such 
recovery,  unless  the  amount  of  the  same  be  approved  in  writing  by  a  justice 
of  the  supreme  court,  or  in  case  the  same  be  tried  in  any  court,  by  the 
justice  presiding  at  such  trial. 

§  219-g.  Liability  of  principal  contractors. —  If  an  employer  who  shall  be 
the  principal  enters  into  a  contract  with  an  independent  contractor  to  do  part 
of  such  employer's  work,  or  if  such  contractor  enters  into  a  contract  with  a. 
subcontractor  to  do  all  or  any  part  of  the  work  comprised  in  such  contractor's 
contract  with  the  employer,  the  said  principal  shall  be  liable  to  pay  to 
any  workman  employed  in  the  execution  of  the  work  any  compensation 
under  this  article  which  he  would  have  been  liable  to  pay  if  that  workman 
had  been  immediately  employed  by  him;  and  where  compensation  is  claimed 
from  or  proceedings  are  taken  against  the  principal  then,  in  the  application 
of  this  article,  references  to  the  principal  shall  be  substituted  for  references 
to  the  employer,  except  that  the  amount  of  compensation  shall  be  calculated 
with  reference  to  the  earnings  of  the  workman  under  the  contractor  or 
employer  by  whom  he  is  immediately  employed.  Where  such  principal  is 


LAWS  KELATING  TO  LABOR.  *  115 

liable  to  pay  compensation  he  shall  be  entitled  to  be  indemnified  by  any 
person  who  would  have  been  liable  to  pay  compensation  to  the  workman  inde- 
pendently of  this  section.  Nothing  in  this  section  shall  be  construed  as 
preventing  a  workman  from  recovering  compensation  under  this  article  from 
the  contractor  or  subcontractor,  instead  of  the  principal;  nor  shall  this 
section  apply  in  any  case  where  the  accident  shall  occur  elsewhere  than  on, 
or  in,  or  about  the  premises  on  which  the  principal  has  undertaken  to  execute 
the  work  or  which  are  otherwise  under  his  control  or  management. 

ARTICLE   15. 
Employment  of  Children  in  Street  Trades. 

Section  220.  Prohibited  employment  of  children  in  street  trades. 

221.  Permit  and  badge  for  children  engaged  in  street  trades,  how  issued. 

222.  Contents  of  permit  and  badge. 

223.  Regulations  concerning  badge  and  permit. 

224.  Limit  of  hours. 

225.  Enforcement  of  article. 

226.  Violation  of  this  article,  how  punished. 

227.  Punishment   of   parent,  guardian  or  other  person   contributing  to  the 

delinquency  of  children. 

§  220.  Prohibited  employment  of  children  in  street  trades. —  No  male  child 
under  twelve,  and  no  girl  under  sixteen  years  of  age,  shall  in  any  city  of 
the  first,  second  or  third  class  sell  or  expose  or  offer  for  sale  newspapers, 
magazines  or  periodicals  in  any  street  or  public  place.  [As  am'd  by  L.  1913, 
ch.  618.] 

Relative  to  employment  of  minors  in  mercantile  establishments  or  as  messengers 
see  §§  161-161-a,  ante. 

This  section  does  not  apply  to  boys  employed  by  newspapers  as  carriers  to  deliver 
papers  (opinion  of  Attorney-General,  July  7,  1913). 

§  221.  Permit  and  badge  for  children  engaged  in  street  trades,  how  issued. 
—  No  male  child  under  fourteen  years  of  age  shall  sell  or  expose  or  offer  for 
sale  said  articles  unless  a  permit  and  badge  as  hereinafter  provided  shall 
have  been  issued  to  him  by  the  district  superintendent  of  the  board  of  educa- 
tion of  the  city  and  school  district  where  said  child  resides,  or  by  such  other 
officer  thereof  as  may  be  officially  designated  by  such  board  for  that  purpose, 
on  the  application  of  the  parent,  guardian  or  other  person  having  the  custody 
of  the  child  desiring  such  permit  and  badge,  or  in  case  said  child  has  no 
parent,  guardian  or  custodian  then  on  the  application  of  his  next  friend, 
being  an  adult.  Such  permit  and  badge  shall  not  be  issued  until  the  officer 
issuing  the  same  shall  have  received,  examined,  approved  and  placed  on  file 
in  his  office  satisfactory  proof  that  such  male  child  is  of  the  age  of  twelve 
years  or  upwards,  and  shall  also  have  received,  examined  and  placed  on  file 
the  written  statement  of  the  principal  or  chief  executive  officer  of  the 
school  which  the  child  is  attending,  stating  that  such  child  is  an  attendant 
at  such  school,  that  he  is  of  normal  development  of  a  child  of  his  age  and 
physically  fit  for  such  employment,  and  that  said  principal  or  chief  executive 
officer  approves  the  granting  of  a  permit  and  badge  to  such  child.  No  such 
permit  or  badge  shall  be  valid  for  any  purpose  except  during  the  period  in 
which  such  proof  and  written  statement  shall  remain  on  file,  nor  shall  such 
permit  or  badge  be  authority  beyond  the  period  fixed  therein  for  its  duration. 
After  having  received,  examined  and  placed  on  file  such  papers  the  officer 


116*          EEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

shall  issue  to  the  child  a  permit  and  badge.  Principals  or  chief  executive 
officers  of  schools  in  which  children  under  fourteen  years  are  pupils  shall 
keep  complete  lists  of  all  children  in  their  schools  to  whom  a  permit  and 
badge  as  herein  provided  have  been  granted.  [As  am'd  by  L.  1913,  ch.  618.] 

§  222.  Contents  of  permit  and  badge.— Such  permit  shall  state  the  date 
and  place  of  birth  of  the  child,  the  name  and  address  of  its  parent,  guardian, 
custodian  or  next  friend,  as  the  case  may  be,  and  describe  the  color  of  hair 
and  eyes,  the  height,  weight  and  any  distinguishing  facial  mark  of  such  child, 
and  shall  -further  state  that  the  papers  required  by  the  preceding  section  have 
been  duly  examined  and  filed ;  and  that  the  child  named  in  such  permit  has  ap- 
peared before  the  officer  issuing  the  permit.  The  badge  furnished  by  the 
officer  issuing  the  permit  shall  bear  on  its  face  a  number  corresponding  to 
the  number  of  the  permit,  and  the  name  of  the  child.  Every  such  permit, 
and  every  such  badge  on  its  reverse  side,  shall  be  signed  in  the  presence  of 
the  officer  issuing  the  same  by  the  child  in  whose  name  it  is  issued.  [As 
am'd  ly  L.  1913,  ch.  618.] 

§  223.  Regulations  concerning  badge  and  permit. —  The  badge  provided  for 
herein  shall  be  worn  conspicuously  at  all  times  by  such  child  while  so  work- 
ing; and  all  such  permits  and  badges  shall  expire  annually  on  the  first  day 
of  January.  T4ie  color  of  the  badge  shall  be  changed  each  year.  Xo  child 
to  whom  such  permit  and  badge  are  issued  shall  transfer  the  same  to  any 
other  person  nor  be  engaged  in  any  city  of  the  first,  second  or  third  class 
as  a  newsboy,  or  shall  sell  or  expose  or  offer  for  sale  newspapers,  magazines 
or  periodicals  in  any  street  or  public  place  without  having  conspicuously 
upon  his  person  such  badge,  and  he  shall  exhibit  the  same  upon  demand  at 
any  time  to  any  police,  or  attendance  officer.  [As  am'd  ~by  L.  1913,  ch.  618.] 

§  224.  Limit  of  hours. —  No  child  to  whom  a  permit  and  badge  are  issued 
as  .provided  for  in  the  preceding  section  shall  sell  or  expose  or  offer  for  sale 
any  newspapers,  magazines  or  periodicals  after  eight  o'clock  in  the  evening, 
or  before  six  o'clock  in  the  morning.  [As  am'd  "by  L.  19-13,  ch.  618.] 

§  225.  Enforcement  of  article. —  In  cities  of  the  first,  second  or  third  class, 
police  officers,  and  the  regular  attendance  officers  appointed  by  the  board  of 
education,  who  are  hereby  vested  with  the  powers  of  peace  officers  for  the 
purpose,  shall  enforce  the  provisions  of  this  article.  [As  Am'd  ly  L.  1913, 
ch.  618.] 

§  226.  Violation  of  this  article,  how  punished. —  Any  child  who  shall,  in 
any  city  of  the  first,  second  or  third  class,  sell  or  expose  or  offer  for  sale 
newspapers,  magazines  or  periodicals  in  violation  of  the  provisions  of  this 
article  may  be  deemed  and  adjudged  in  need  of  the  care  and  protection  of  the 
state,  and  if  over  seven  years  of  age  may  be  adjudged  guilty  of  juvenile 
delinquency.  A  child  violating  the  provisions  of  this  act  may  be  arrested 
and  in  the  city  of  New  York  be  brought  before  a  children's  court  and  in  any 
other  city  be  brought  before  a  court  or  magistrate  having  jurisdiction  to  com- 
mit a  child  to  an  incorporated  charitable  reformatory  or  other  institution 
and  be  dealt  with  according  to  law.  If  any  such  child  is  committed  to  an 
institution,  it  shall,  when  practicable,  be  committed  to  an  institution  governed 
by  the  same  religious  faith  as  the  parents  of  such  child.  The  permit  and 
badge  of  any  child  who  violates  the  provisions  of  this  article  may  be  revoked 


LAWS  RELATING  TO  LABOR.  *  117 

by  the  officer  issuing  the  same,  upon  the  recommendation  of  the  principal 
or  chief  executive  officer  of  the  school  which  such  child  is  attending,  or  upon 
the  complaint  of  any  police  officer  or  attendance  officer,  and  such  child  shall 
surrender  the  permit  and  badge  so  revoked  upon  the  demand  of  any  attend- 
ance officer  or  police  officer  charged  with  the  duty  of  enforcing  the  provisions 
of  this  article.  The  refusal  of  any  child  to  surrender  such  permit  and  badge, 
upon  such  demand,  or  the  sale  or  offering  for  sale  of  newspapers,  magazines 
or  periodicals  in  any  street  or  public  place  by  any  child  after  notice  of  the 
revocation  of  such  .permit  and  badge  shall  be  deemed  a  violation  of  this 
article  and  shall  subject  the  child  to  the  penalties  provided  for  in  this  sec- 
tion. [As  am'd  by  L.  1913,  ch.  618.] 

§  227.  Punishment  of  parent,  guardian  or  other  person  for  contributing  to 
the  delinquency  of  children. — •  The  parent,  guardian  or  other  person  having 
the  custody  of  a  child,  who  omits  to  exercise  reasonable  diligence  to  prevent 
such  child  from  violating  the  provisions  of  this  act,  shall  be  guilty  of  a  mis- 
demeanor and  shall  be  dealt  with  as  provided  by  section  four  hundred  and 
ninety-four  of  the  penal  law.  In  any  such  proceedings  against  any  such 
parent,  guardian  or  other  person  having  custody  of  such  child,  proof  of  the 
presence  of  such  child  in  the  public  streets  engaged  in  the  sale  or  exposure 
or  offering  for  sale  of  newspapers,  magazines  or  periodicals  in  violation  of 
the  provisions  of  this  article,  shall  be  deemed  prima  facie  proof  of  the  lack 
of  reasonable  diligence  in  the  control  of  such  child  by  such  parent,  guardian 
or  custodian,  to  prevent  such  offense  by  such  child.  [Added  by  L.  1913, 
ch.  618.] 

ARTICLE  16. 

Law*    Repealed)   When   to    Take    Effect. 
Section  240.  Laws  repealed. 

241.  When   to   take  effect. 

|  240.  Laws  repealed. —  Of  the  laws  •numerated  in  the  schedule  hereto  an- 
nexed, that  portion  specified  in  the  last  column  is  hereby  repealed. 

§  241.  When  to  take  effect.— This  chapter  shall  take  effect  immediately.* 

SCHEDULE  OF  LAWS  REPEALED. 


Laws  of 

Chapter 

Section 

1833  

87   . 

All 

1853  

641  

All 

1867  

856 

All 

1867  

969     . 

All 

1868  

717  

2,    part    suspending    operation    of    L.    1867, 

Ch.  969,  §  10,  last  two  sentences 

1869  

822  

2,  part  amending  L.  1867,  Ch..  969 

1870  

385  

All 

1871  

934  

3 

1874  

614  

All 

1875  

472  

All 

1881  

298  

All 

1883  

356  

All 

1885  

314  

All 

*  February  17,  1909. 


118*         KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 


Laws  of 

Chapter 

Section 

1885  

376  

All 

1886  

151  

All 

1886  

205  

All 

1886  

409  

All,  except  §  21, 

Ch.  462,  §  4 

1886  

410  

All 

1887  

63  

All 

1887  

323  

All 

1887  

462  

All 

1887  

529  

All 

1888  

437  

All 

1889  

380  

All 

1889  

381  

All 

1889  

385  

All 

1889  

560  

All 

1890  

218  

All 

1890  

388  

All 

1890  

394  

All 

1890  

398  

All 

1891  

214  

All 

1892  

517  

All 

1892  

667  

All 

1892  

673  

All 

1892  

711  

All 

1893  

173  

All 

1893  

219  

All 

1893  

339  

All 

1893  

691  

All 

1893  

715  

All 

1893  

717  

All 

1894  

277  

All 

1894  

373  

All 

1894  

622  

All 

1894  

698  

All 

1894  

699  

All 

1895  

324  

All 

1895  

413  

All 

1895  

518  

All 

1895  

670  

All 

1895  

765  

All 

1895  

791  

All 

1895  

899  

All 

1898  

271  

All 

1896  

384  

All 

1896  

672  

All 

1896  

789  

All 

1896  

931  

1-4,  6,  7 

as    added    by    L.    1887, 


LAWS  RELATING  TO  LABOR.  *  119 


Laws  of 

Chapter 

Section 

1896  

936  

All 

1890  

982  

All 

1890  

991  

All 

1897  

148  

All 

1897  

415  

All 

1899  

191  

All 

1899  

192  

All 

1899  

375  

All 

1899  

558  

All 

1899  

567  

All 

1900  

298  

All 

1900  

533  

All 

1901  

9  

All 

1901  

306  

All 

1901  

475  

All 

1901  

477  

All 

1901  

478  ,. 

All 

1902  

88  

All 

1902  

454  

All 

1902  

600  

All 

1903  

151  

All 

1903  

184  

All 

1903  

255  

All 

1903  

561  

All 

1904  

291  

All 

1904  

523  

All 

1904  

550  

All 

1905  

493  

All 

1905  

518  

All 

1905  

519  

All 

1905  

520  

All 

1906  

129  

All 

1906  

158  

All 

1906  

178  

All 

1906  

216  

All 

1906  

275  

All 

1906  

316  

All 

1906  

366  

All 

1906  

375  

All 

1906  

401  

All 

1906  

490  

All 

1906  

506  

All 

1907  

83  

All 

1907  

243  

All 

1907  

286  

All 

1907  

291  

All 

1907  

399  

All 

1907  

418.... 

All 

120*         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 
Laws  of  Chapter  Section 


1907  

485  

AH 

1907  

490  

All 

1907  

505  

All 

1907  

507  

All 

1907 

588 

All 

1907 

627 

All 

1908 

89 

All 

1908  

174  

All 

1908  

426  

All 

1908  

442  

All 

1908  

443  

All 

1908  

520  

All 

PENALTIES  FOR  VIOLATION  OF  THE  LABOR  LAW. 

THE  PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  444.  *  Manufacture  and  sale  of  mattresses. —  Any  person  who  1.  Manu- 
factures, sells,  offers  for  sale  or  possesses  with,  intent  to  sell  any  mattress 
not  properly  branded  or  labeled,  as  required  by  the  general  business  law,  or 

2.  Manufactures,  sells,  offers  for  salo  or  possesses  with  intent  to  sell  any 
mattress  which  is  falsely  branded  or  labeled,  or 

3.  Uses  in  the  manufacture  of  mattresses  any  cotton  or  other  material  which 
has  been  used  as  a  mattress,  pillow  or  bedding  in  any  public  or  private  hos- 
pital, or  which  has  been  used  by  any  person  having  an  infectious  or  con- 
tagious disease,  shall  be  guilty  of  a  misdemeanor,  punishable  by  a  fine  of 
not  more  than  five  hundred  dollars  or  by  imprisonment  for  not  more  than 
six  months  or  by  both.     [Added  by  L.  1913,  oh.  503.] 

§  620.  Unlawful  dealing  in  convict  made  goods. — A  person  who: 

1.  Sells   or   exposes   for  sale  convict   made  goods,  wares    or    merchandise, 
without  a  license  therefor,  or  having  such  license  does  not  transmit  to  the 
secretary  of  state   the   statement  required  by  article  thirteen   of  the  labor 
law;  or, 

2.  Sells,  offers  for  sale,  or  has  in  his  possession  for  sale  any  such  convict 
made  goods,  wares  or  merchandise  without  the  brand,  mark  or  label  required 
by  article  thirteen  of  the  labor  law;  or, 

3.  Removes  or  defaces  or  in  any  way  alters  such  brand,  mark  or  label, 
Is  guilty  of  a  misdemeanor,  and  upon   conviction  therefor  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  thousand  or  less  than  one  hundred  dol- 
lars, or  by  imprisonment  for  not  less  than  ten  days  or  by  both  such  fine  and 
imprisonment. 

Cf.  notes  with  §§  190  and  193  of  the  Labor  Law,  ante. 

ARTICLE  12O. 
Labor. 

Section  1270.  Refusal   to  admit  inspector  to  mines,  tunnels,  and  quarries;   failure 
te  comply  with  requirements  of  inspector. 

1271.  Hours  of  labor  to  be  required. 

1272.  Payment  of  wages. 

1274.  No   fees  to   be   charged  for  services  rendered  by  free  public  employ- 

ment bureaus. 

1275.  Violations  of  provisions  of  labor  law  ;  the  industrial  code  ;  the  rules 

and  regulations  of  the  industrial  board  of  the  department  of  labor ; 
orders  of  the  commissioner  of  labor. 

1276.  Negligently   furnishing   insecure   scaffolding. 

1277.  Neglect  to  complete  or  plank  floors  of  buildings  constructed  in  eities. 

1278.  Fraudulent  representation  in  labor  organizations. 

§  1270.  Refusal  to  admit  inspector  to  mines,  tunnels,  and  quarries;  failure 
to  comply  with  requirements  of  inspector. — A  person: 

1.  Refusing  to  admit  the  commissioner  of  labor,  or  any  person  authorized 
by  him,  to  a  mine,  tunnel  or  quarry,  and  to  each  and  every  part  thereof,  for 
the  purpose  of  examination  and  inspection;  or, 

*  Another  section,  also  numbered  444>  relating  to  stock  exchanges  was  added  by 
L.  1913,  ch.  477. 

[121] 


122  '         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

2.  Neglecting  or  refusing  to  comply  with  the  provisions  of  article  nine  of 
the  labor  law  upon  written  notice  of  the  commissioner  of  labor, 

Is  guilty  of  a  misdemeanor,  and  upon  conviction  therefor  shall  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  or  by  imprisonment  for  not  less  than 
thirty  days. 

§  1271.  Hours  of  labor  to  be  required. — Any  person  or  corporation: 

1.  Who,  coHtracting  with  the  state  or  municipal  corporation,  shall  require 
more  than  eight  hours'  work  for  a  day's  labor;  or, 

2.  Who  shall  require  more  than  ten  hours'  labor,  including  one-half  hour 
for  dinner,  to  be  performed  within  twelve  consecutive  hours,  by  the  employees 
of  a  street  surface  and  elevated  railway  owned  or  operated  by  corporations 
whose   main   line   of   travel   or  routes   lie   principally   within  the   corporate 
limits  of  cities  of  more,  than  one  hundred  thousand  inhabitants ;  or, 

3.  Who  shall  require  the  employees  of  a  corporation  owning  or  operating 
a  brickyard  to  work  contrary  to  the  requirements  of  section  five  of  the  labor 
law-  or, 

4.  Who  shall  require  or  permit  any  employee  engaged  in  or  connected  with 
the  movement  of  any  train  of  a  corporation  operating  a  line  of  railroad  of 
thirty  miles  in  length,  or  over,  in  whole  or  in  part  within  this  state,  to 
remain  on  duty  more  than  sixteen  consecutive  hours;  or  to  require  or  permit 
any  such  employee  who  has  been  on  duty  sixteen  consecutive  hours  to  go  on 
duty  without  having  had  at  least  ten  hours  off  duty;  or  to  require  or  permit 
any  such  employee  who  has  been  on  duty  sixteen  hours  in  the  aggregate  in 
any  twenty-four  hour  period,  to  continue  on  duty  or  to  go  on  duty  without 
having  had  at  least  eight  hours  off  duty  within  such  twenty-four  hour  period; 
except  when  by  casualty  occurring  after  such  employee  has  started  on  his 
trip,  or  by  unknown  casualty  occurring  before  he  started  on  his  trip,  and 
except  when  by  accident  or  unexpected   delay  of  trains   scheduled   to  make 
connection  with  the  train  on  which  euch  employee  is  serving,  he  is  prevented 
from  reaching  his  terminal; 

Is  guilty  of  a  misdemeanor,  End  on  conviction  therefor  shall  be  punished 
by  a  fine  of  not  less  than  five  hundred  nor  more  than  one  thousand  dollars 
for  each  offense. 

If  any  contractor  with  the  state  or  a  municipal  corporation  shall  require 
more  than  eight  hours  for  a  day's  labor,  upon  conviction  therefor  in  addition 
to  such  fine,  the  contract  shall  be  forfeited  at  the  option  of  the  municipal 
corporation. 

See  §§  8-8  of  the  Labor  Law,  ante. 

§  1272.  Payment  of  -wages. — A  corporation  or  joint  stock  association  or 
person  carrying  on  the  business  thereof,  by  lease  or  otherwise,  who  does  not 
pay  the  wages  of  all  its  employees  in  accordance  with  the  provisions  of  the 
labor  law,  is  guilty  of  a  misdemeanor,  and  upon  conviction  therefor,  shall  be 
fined  not  less  than  one  hundred  nor  more  than  ten  thousand  dollars  for  each 
offense.  An  indictment  of  a  person  or  corporation  operating  a  steam  surface 
railroad  for  an  offense  specified  in  this  section  may  be  found  and  tried  in 
any  county  within  the  state  in  which  such  railroad  ran  at  the  time  of  such 
offense.  [As  am'd  ly  L.  1909,  ch.  205.] 

See  §§9,  10,  11  and  12  of  the  Labor  Law,  ante. 

§  1274.  No  fees  to  be  charged  for  services  rendered  by  free  public  employ- 


LAWS  RELATING  TO  LABOE.  *  123 

ment  bureaus. — A  person  connected  with  or  employed  in  a  free  public  employ- 
ment bureau,  who  shall  charge  or  receive  directly  or  indirectly,  any  fee  or 
compensation  from  any  person  applying  to  such  bureau  for  help  or  employ- 
ment, is  guilty  of  a  misdemeanor. 

§  1275.  Violations  of  provisions  of  labor  law;  the  industrial  code;  the  rules 
and  regulations  of  the  industrial  board  of  the  department  of  labor;  orders  of 
the  commissioner  of  labor. —  Any  person  who  violates  or  does  not  comply  with 
any  provision  of  the  labor  law,  any  provision  of  the  industrial  code,  any 
rule  or  regulation  of  the  industrial  board  of  the  department  of  labor,  or 
any  lawful  order  of  the  commissioner  of  labor ;  and  any  person  who  knowingly 
makes  a  false  statement  in  or  in  relation  to  any  application  made  for  an 
employment  certificate  as  to  any  matter  required  by  articles  six  and  eleven* 
of  the  labor  law  to  appear  in  any  affidavit,  record,  transcript  or  certificate 
therein  provided  for,  is  guilty  of  a  misdemeanor  and  upon  conviction  shall 
be  punished,  except  as  in  this  chapter  otherwise  provided,  for  a  first  offense 
by  a  fine  of  not  less  than  twenty  nor  more  than  fifty  dollars;  for  a  second 
offense  by  a  fine  of  not  less  than  fifty  nor  more  than  two  hundred  and  fifty 
dollars,  or  by  imprisonment  for  not  more  than  thirty  days  or  by  both  such 
fine  and  imprisonment;  for  a  third  offense  by  a  fine  of  not  less  than  two 
hundred  and  fifty  dollars,  or  by  imprisonment  for  not  more  than  sixty  days, 
or  by  both  such  fine  and  imprisonment.  [As  am/d  by  L.  1911,  ch.  749,  L. 
1912,  ch.  383,  and  L.  1913,  ch.  349.] 

§  1276.  Negligently  furnishing  insecure  scaffolding. — A  person  or  corpora- 
tion employing  or  directing  another  to  do  or  perform  any  labor  in  the  erec- 
tion, repairing,  altering  or  painting,  any  house,  building  or  structure  within 
this  state,  who  knowingly  or  negligently  furnishes  or  erects  or  causes  to  be 
furnished  or  erected  for  the  performance  of  such  labor,  unsafe,  unsuitable 
or  improper  scaffolding,  hoists,  stays,  ladders  or  other  mechanical  contriv- 
ances; or  who  hinders  or  obstructs  any  officer  detailed  to  inspect  the  same, 
destroys  or  defaces  any  notice  posted  thereon,  or  permits  the  use  thereof 
after  the  same  has  been  declared  unsafe  by  such  officer  contrary  to  the  pro- 
visions of  article  two  of  the  labor  law,  is  guilty  of  a  misdemeanor. 

See  §§18  and  19  of  the  Labor  Law,  ante. 

§  1277.  Neglect  to  complete  or  plank  floors  of  buildings  constructed  in 
cities. — A  person,  constructing  a  building  in  a  city,  as  owner  or  contractor, 
who  violates  the  provisions  of  article  two  of  the  labor  law,  relating  to  the 
completing  or  laying  of  floors,  or  the  planking  of  such  floors  or  tiers  of 
beams  as  the  work  of  construction  progresses,  is  guilty  of  a  misdemeanor, 
and  upon  conviction  therefor  shall  be  punished  by  a  fine  for  each  offense 
of  not  less  than  twenty-five  nor  more  than  two  hundred  dollars. 

See  §  20  of  the  Labor  Law,  ante. 

§  1278.  Fraudulent  representation  in  labor  organizations. —  [Se«  under 
TBADE  UNIONS,  post.'] 


*  Article  eleven  here  referred  to  was  renumbered  article  twelve  by  chapter  145 
of  the  laws  of  1913. 


CHILD  LABOR. 

[The  employment  of  children  during  the  school  sessions  is  regulated  by  Article  23 
of  the  Education  Law,  printed  below. 

The  employment  of  children  in  factories  is  regulated  by  Article  6  of  the  Labor 
Law,  ante;  in  stores,  hotels,  offices,  etc.,  by  Article  12,  ante,  and  in  the  celling  of 
newspapers  by  Article  15,  ante. 

Article  44  of  the  Penal  Law  (§§  480-494),  entitled  "Children,"  contains  pro- 
visions relative  to  the  employment  of  children  in  occupations  dangerous  to  health 
or  morals.  Certain  of  these  sections  are  printed  below.  See  further  §  19S2  of 
the  Penal  Law  prohibiting  the  employment  of  minors  under  18  as  telegraph  oper- 
ators on  railroads ;  and  the  Liquor  Tax  Law,  §  30-f,  forbidding  girls  and  minors 
under  18  to  sell  or  serve  liquors. 

As  to  registration  of  births,  from  which  evidence  of  a  child's  attainment  of  the 
legal  age  of  employment  is  derived,  see  Public  Health  Law,  §  382.] 

EDUCATIONAL  RESTRICTIONS. 

COMPULSORY  EDUCATION  LAW:     ARTICLE  23  OF  CHAPTER  16  OF  THE  CONSOLI- 
DATED LAWS. 

[Enacted   "by   ch.    140   of  Laws   of   1910,    amending  ch.    16    of   the   Consolidated 

Laws  of   1909.] 

§  620.  Instruction  required. —  The  instruction  required  under  this  article 
shall  be: 

1.  At  a  public  school  in  which  at  least  the  six  common  school  branches  of 
reading,   spelling,  writing,   arithmetic,  English  language  and  geography  are 
taught  in  English. 

2.  Elsewhere  than  a  public  school  upon  instruction  in  the  same  subjects 
taught  in  English  by  a  competent  teacher. 

§  621.  Required  attendance  upon  instruction. —  1.  Every  child  within  the 
compulsory  school  ages,  in  proper  physical  and  mental  condition  to  attend 
school,  residing  in  a  city  or  school  district  having  a  population  of  live 
thousand  or  more  and  employing  a  superintendent  of  schools,  shall  regularly 
attend  upon  instruction  as  follows: 

(a)  Each  child  between  seven  and  fourteen  years  of  age  shall  attend  the 
entire  time   during,  which   the    school  'attended   is    in   session,   which   period 
shall  not*  be  less  than  one  hundred  and  sixty  days  of  actual  school. 

(b)  Each  child  between  fourteen  and  sixteen  years  of  age  not  regularly 
and  lawfully  engaged  in   any  useful   employment   or  service,   and  to   whom 
an   employment  certificate   has   not   been   duly    issued   under   the   provisions 
of  the  labor  law,  shall  so  attend  the  entire  time  during  which   the  school 
attended  is  in  session. 

2.  Every  such  child,  residing  elsewhere  than  in  a  city  or  school  district 
having  a  population  of  five  thousand  or  more  and  employing  a  superintendent 
of  schools,  shall  attend  upon  instruction  during  the  entire  time  that  the 
school  in  the  district  shall  be  in  session  as  follows: 

(a)  Each  child  between  eight  and  fourteen  years  of  age. 

(b)  Each  child  between  fourteen  and  sixteen  years  of  age  not  regularly 
and  lawfully  engaged  in  any  useful  employment  or  service.     [As  am'd  by 
L.  1913,  ch.  511.] 

[124] 


LAWS  KELATING  TO  LABOR.  *  125 

3.  The  provisions  of  this  section  are  intended  to  include  all  blind  children, 
except  such  as  may  receive  appointments  under  the  provisions  of  article 
thirty-eight  of  this  chapter.  [Subdivision  3  added  by  L.  1912,  ch  710.] 

§  622.  When  a  boy  is  required  to  attend  evening  school. —  1.  Every  boy 
between  fourteen  and  sixteen  years  of  age,  in  a  city  of  the  first  class  or  a 
city  of  the  second  class  in  possession  of  an  employment  certificate  duly  issued 
under  the  provisions  of  the  labor  law,  who  has  not  completed  such  course 
of  study  as  is  required  for  graduation  from  the  elementary  public  schools 
of  such  city,  and  who  does  not  hold  either  a  certificate  of  graduation  from 
the  public  elementary  school  or  the  pre-academic  certificate  issued  by  the 
regents  or  the  certificate  of  the  completion  of  an  elementary  course  issued 
by  the  education  department,  shall  attend  the  public  evening  schools  of  such 
city,  or  other  evening  schools  offering  an  equivalent  course  of  instruction, 
for  not  less  than  six  hours  each  week,  for  a  period  of  not  less  than  sixteen 
weeks. 

2.  When  the  board  of  education  in  a  city  or  district  shall  have  established 
part-time  and  continuation  schools  or  courses  of  instruction  for  the  educa- 
tion of  young  .persons  between  fourteen  and  sixteen  years  of  age  who   are 
regularly  employed  in  such  city  or  district,  said  board  of  education  may  re- 
quire the  attendance  in  such  schools  or  on  such  courses  of  instruction  of  any 
young  person  in  such  a  city  or  district  who  is  in  possession  of  an  employ- 
ment certificate  duly  issued  under  the  provisions  of  the  labor  law,  who  has 
not  completed  such  courses  of  study  as  are  required  for  graduation  from  the 
elementary  public  schools  of  such  city  or  district,  or  equivalent  courses  of 
study  in  parochial  or  other  elementary  schools,  who  does  not  hold  either  a 
certificate  of  graduation  from  the  public  elementary  school  or  a  pre-academic 
certificate  of  the  completion  of  the  elementary  course  issued  by  the  education 
department,  and  who  is  not  otherwise  receiving  instruction  approved  by  the 
board  of  education   as  equivalent  to  that  provided  for  in  the   schools   and 
courses   of   instruction    established   under    the    provisions    of    this   act.     The 
required  attendance  provided  for  in  this  paragraph  shall  be  for  a  total  of 
not  less  than  thirty-six  weeks  per  year,  at  the  rate  of  not  less  than  four 
and  not  more  than  eight  hours  per  week,  and  shall  be  between  the  hours  of 
eight  o'clock  in  the  morning  and  five  o'clock  in  the  afternoon  of  any  working 
day  or  days. 

3.  The  children  attending  such  part-time  or  continuation  schools  as  required 
in  paragraph  two  of  this  section  shall  be  exempt  from  the  attendance  on  even- 
ing schools  required  in  paragraph  one  of  this  section.     [As  am'd  by  L.  1913, 
oh.  748.] 

§  623.  Instruction  elsewhere  than  at  a  public  school. —  If  any  such  child 
shall  so  attend  upon  instruction  elsewhere  than  at  a  public  school,  such  in- 
struction shall  be  at  least  substantially  equivalent  to  the  instruction  given 
children  of  like  age  at  the  public  school  of  the  city  or  district  in  which  such 
child  resides;  and  such  attendance  shall  be  for  at  least  as  many  hours  each 
day  thereof  as  are  required  of  children  of  like  age  at  public  schools;  and  no 
greater  total  amount  of  holidays  or  vacations  shall  be  deducted  from  BucH 
attendance  during  the  period  such  attendance  is  required  than  is  allowed  in 
such  public  school  to  children  of  like  age.  Occasional  absences  from  such  at- 
tendance, not  amounting  to  irregular  attendance  in  the  fair  meaning  of  the 


126  *         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

term,  shall  be  allowed  upon  such  excuses  only  as  would  be  allowed  in  like 
cases  by  the  general  rules  and  practice  of  such  public  school. 

§  624.  Duties  of  persons  in  parental  relation  to  children. —  Every  person  in 
parental  relation  to  a  child  within  the  compulsory  school  ages  and  in  proper 
physical  and  mental  condition  to  attend  school,  shall  cause  such  child  to 
attend  upon  instruction,  as  follows: 

1.  In  cities  and  school  districts  having  a  population  of  five  thousand  or 
above,  every  child  between  seven  and  sixteen  years  of  age  as   required   by 
section  six  hundred  and  twenty-one  of  this  act  unless  an  employment  certifi- 
cate shall  have  been  duly  issued  to  such  child  under  the  provisions  of  the 
labor  law  and  £e  is  regularly  employed  thereunder. 

2.  Elsewhere  than  in  a  city  or  school  district  having  a  population  of  five 
thousand  or  above,  every  child  between  eight  and  sixteen  years  of  age,  unless 
such  child  shall  have  received  an  employment  certificate  duly  issued  under 
the  provisions  of  the  labor  law  and  is  regularly  employed  thereunder  in  a 
factory  or  mercantile  establishment,  business  or  telegraph  office,  restaurant, 
hotel,  apartment  house  or  in  the  distribution  or  transmission  of  merchan- 
dise or  messages,  or  unless  such  child  shall  have  received  the  school  record 
certificate  issued  under  section  six  hundred  and  thirty  of  this   act  and  is 
regularly  employed  elsewhere  than   in   the   factory  or  mercantile  establish- 
ment, business  or  telegraph  office,  restaurant,  hotel,  apartment  house  or  in 
the  distribution  or  transmission  of  merchandise  or  messages. 

§  625.  Penalty  for  failure  to  perform  parental  duty. —  A  violation  of  sec- 
tion six  hundred  and*  twenty-four  shall  be  a  misdemeanor,  punishable  for 
the  first  offense  by  a  fine  not  exceeding  five  dollars,  or  five  days'  imprison- 
ment, and  for  each  subsequent  offense  by  a  fine  not  exceeding  fifty  dollars, 
or  by  imprisonment  not  exceeding  thirty  days,  or  by  both  such  fine  and 
imprisonment.  Courts  of  special  session  and  police  magistrates  shall,  sub- 
ject to  removal  as  provided  in  sections  fifty-seven  and  fifty-eight  of  the 
Code  of  Criminal  Procedure,  have  exclusive  jurisdiction  in  the  first  instance 
to  hear,  try  and  determine  charges  of  violations  of  this  section  within  their 
respective  jurisdictions. 

§  626.  Unlawful  employment  of  children  and  penalty  therefor. —  It  shall 
be  unlawful  for  any  person,  firm  or  corporation: 

1.  To  *  employe  any  child  under  fourteen  years  of  age,  in  any  business  or 
service  whatever,  for  any  part  of  the  term  during  which  the  public  schools 
of  the  district  or  city  in  which  the  child  resides  are  in  session. 

2.  To  employ,  eliewhere  than  in  a  city  of  the  first  class  or  a  city  of  the 
second  class,  in  a  factory  or  mercantile  establishment,  business  or  telegraph 
office,  restaurant,  hotel,  apartment  house  or  in  the  distribution  or  transmis- 
sion of   merchandise  or   messages,    any   child  between   fourteen  and   sixteen 
years   of    age   who    does   not   at   the   time   of   such    employment    present   an 
employment  certificate   duly  issued  under  the  provisions  of  the  labor   law, 
or  to  employ  any   such   child  in  any  other  capacity  who  does   not   at  the 
time  of  such  employment  present  a  school  record  certificate  as  provided  in 
section  six  hundred  and  thirty  of  this  chapter. 

3.  To  employ  any  child  between  fourteen  and  sixteen  years  of  age  in  a 
city  of  the  first  class  or  a  city  of  the  second  class  who  does  not,  at  the  lime 

*  So  in  original. 


LAWS  RELATING  TO  LABOK.  *  127 

of  such  employment,  present  an  employment  certificate,  duly  issued  under 
the  provisions  of  the  labor  law. 

§  627.  Employer  must  display  record  certificate  and  evening  part-time  or 
continuation  school  certificate. —  The  employer  of  any  child  between  fourteen 
and  sixteen  years  of  age  in  a  city  or  district  shall  keep  and  shall  display  in 
the  place  where  -such  child  is  employed,  the  employment  certificate  and  also 
his  evening,  part-time  or  continuation  school  certificate  issued  by  the  school 
authorities  of  said  city  or  district  or  by  an  authorized  representative  of 
such  school  authorities,  certifying  that  the  said  child  is  regularly  in  attend- 
ance at  an  evening,  part-time  or  continuation  school  of  said  city  as  provided 
in  section  six  hundred  and  thirty-one  of  this  chapter.  [As  am'd  by  L.  1913, 
ch.  748.] 

§  628.  Punishment  for  unlawful  employment  of  children. —  Any  person, 
firm,  or  corporation,  or  any  officer,  manager,  superintendent  or  employee 
acting  therefor,  who  shall  employ  any  child  contrary  to  the  provisions  of 
sections  six  hundred  and  twenty-six  and  six  hundred  and  twenty-seven  hereof 
shall  be  guilty  of  a  misdemeanor,  and  the  punishment  therefor  shall  be  for 
the  first  offense  a  fine  of  not  less  than  twenty  dollars  nor  more  than  fifty 
dollars;  for  a  second  and  each  subsequent  offense,  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  two  hundred  dollars.  [As  am'd  ~by  L.  1913,  ch. 
748.] 

Constitutionality  affirmed  in  City  of  New  York  v.  Chelsea  Jute  Mills,  43  Misc.  266. 

§  629.  Teachers  must  keep  record  of  attendance. — An  accurate  record  of 
the  attendance  of  all  children  between  seven  and  sixteen  years  of  age  shall  be 
kept  by  the  teacher  of  every  school,  showing  each  day  by  the  year,  month, 
day  of  the  month  and  day  of  the  week,  such  attendance,  and  the  number  of 
hours  in  each  day  thereof;  and  each  teacher  upon  whose  instruction  any  such 
child  shall  attend  elsewhere  than  at  school,  shall  keep  a  like  record  of  such, 
attendance.  Such  record  shall,  at  all  times,  be  open  to  the  attendance  offi- 
cers or  other  person  duly  authorized  by  the  school  authorities  of  the  city  or 
district,  who  may  inspect  or  copy  the  same;  and  every  such  teacher  shall 
fully  answer  all  inquiries  lawfully  made  by  such  authorities,  inspectors,  or 
other  persons,  and  a  wilful  neglect  or  refusal  so  to  answer  any  such  inquiry 
shall  be  a  misdemeanor. 

§  630.  School  record  certificate. —  1.  A  school-record  certificate  shall  contain 
a  statement  certifying  that  a  child  has  regularly  attended  the  public  schools, 
or  schools  equivalent  thereto,  or  parochial  schools,  for  not  less  than  one 
hundred  and  thirty  days  during  the  twelve  months  next  preceding  his  four- 
teenth birthday  or  during  the  twelve  months  next  preceding  his  application 
for  such  school  record,  and  that  he  is  able  to  read  and  write  simple  sentences 
in  the  English  language  and  has  received  during  such  period  instruction  in 
reading,  writing,  spelling,  English  grammar  and  geography  and  is  familiar 
with  the  fundamental  operations  of  arithmetic  up  to  and  including  fractions, 
and  has  completed  the  work  prescribed  for  the  first  six  years  of  the  public 
elementary  school,  or  school  equivalent  thereto,  or  parochial  school,  from 
which  such  school  record  is  issued.  Such  record  shall  also  give  the  date  of 
birth  and  residence  of  the  child,  as  shown  on  the  school  records,  and  the 
name  of  the  child's  parents,  guardian  or  custodian.  [As  am'd  by  L.  1913, 
ch.  101.] 


128*         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

2.  A  teacher  or  superintendent  to  whom  application  shall  be  made  for  a 
school  record  certificate  required  under  the  provisions  of  the  labor  law  shall 
issue  a  school  record  certificate  to  any  child  who,  after  due  investigation  and 
examination,  may  be  found  to  be  entitled  to  the  same  as  follows: 

a.  In  a  city  of  the  first  class  by  the  principal  or  chief  executive  of  a  school. 

b.  In  all   other  cities  and  in  school  districts  having  a  population  of  five 
thousand  or  more  -and  employing  a  superintendent  of  schools,  by  the  super- 
intendent of  schools  only. 

c.  In  all  other  school  districts  by  the  principal  teacher  of  the  school. 

d.  In  each  city  or  school  district  such  certificate  shall  be  furnished  on  de- 
mand to  a  child  entitled  thereto  or  to  the  Board  or  Commissioner  of  Health. 

§  631.  Evening,  part-time  or  continuation  school  certificate.— The  school 
authorities  in  a  city  or  district,  or  officers  designated  by  them,  are  hereby 
required  to  issue  to  each  child  lawfully  in  attendance  at  an  evening,  part- 
time  or  continuation  school,  an  evening,  part-time  or  continuation  school 
certificate  at  least  once  in  each  month  during  the  months  said  evening,  part- 
time  or  continuation  school  is  in  session  and  at  the  close  of  the  term  of 
said  evening,  .part-time  or  continuation  school,  provided  that  said  child  has 
been  in  attendance  upon  said  evening  school,  for  not  less  than  six  hours  each 
week  or  upon  said  part-time  or  continuation  school  for  not  less  than  four 
hours  each  week,  for  such  number  of  weeks  as  will,  when  taken  in  connection 
with  the  number  of  weeks  such  evening,  part-time  or  continuation  school 
respectively,  shall  be  in  session  during  the  remainder  of  the  current  or  calendar 
year,  make  up  a  total  attendance  on  the  part  of  said  child  in  said  evening 
school,  of  not  less  than  six  hours  per  week  for  a  period  of  not  less  than 
sixteen  weeks  or  in  said  part-time  or  continuation  school,  of  not  less  than 
four  hours  per  week  for  a  period  of  not  less  than  thirty-six-  weeks.  Such 
certificate  shall  state  fully  the  period  of  time  which  the  child  to  whom  it 
is  issued  was  in  attendance  upon  such  evening,  part-time  or  continuation 
school.  [As  am'd  by  L.  1913,  ch.  748.] 

§  632.  Attendance  officers.— 1.  The  school  authorities  of  each  city,  union 
free  school  district,  or  common  school  district  whose  limits  include  in  whole 
or  in  part  an  incorporated  village,  shall  appoint  and  may  remove  at  pleasure 
one  or  more  attendance  officers  of  such  city  or  district,  and  shall  fix  their 
compensation  and  may  prescribe  their  duties  not  inconsistent  with  this 
article  and  make  rules  and  regulations  for  the  performance  thereof;  and  the 
superintendent  of  schools  shall  supervise  the  enforcement  of  this  article 
within  such  city  or  school  district. 

2.  The  town  board  of  each  town  shall  appoint,  subject  to  the  written  ap- 
proval of  the  school  commissioner  of  the  district,  one  or  more  attendance 
officers,  whose  jurisdiction  shall  extend  over  all  school  districts  in  said  town, 
and  which  are  not  by  this  section  otherwise  provided  for,  and  shall  fix  their 
compensation,  which  shall  be  a  town  charge;  and  such  attendance  officers, 
appointed  by  said  board,  shall  be  removable  at  the  pleasure  of  the  school 
commissioner  in  whose  commissioner  district  such  town  is  situated. 

§  633.  Arrest  of  truants.—  1.  The  attendance  officer  may  arrest  without  a 
warrant  any  child  between  seven  and  sixteen  years  of  age  who  is  a  truant 
from  instruction  upon  which  he  is  lawfully  required  to  attend  within  the 


LAWS  RELATING  TO  LABOR.  *  129 

city  or  district  of  such  attendance  officer.  He  shall  forthwith  deliver  the 
child  so  arrested  to  a  teacher  from  whom  such  child  is  then  a  truant,  or, 
in  case  of  habitual  and  incorrigible  truants,  shall  bring  them  before  a  police 
magistrate  for  commitment  to  a  truant  school  as  provided  in  section  six 
hundred  and  thirty-five. 

2.  The  attendance  officer  shall  promptly  report  such  arrest  and  the  dispo- 
sition  which  he  makes  of  such  child,  to  the   school  authorities  of  the  said 
city   or  district  where   such  child   is   lawfully  required  to   attend  upon   in- 
struction. 

3.  A   truant  officer   in   the   performance   of   his  duties   may   enter,   during 
business   hours,   any   factory,   mercantile  or  other  establishment  within  the 
city  or  school  district  in  which  he  is  appointed  and  shall  be  entitled  to  ex- 
amine  employment  certificates  or  registry   of  children  employed  therein  on 
demand. 

§  634.  Interference  with  attendance  officer. —  Any  person  interfering  with 
an  attendance  officer  in  the  lawful  discharge  of  his  duties  and  any  person 
owning  or  operating  a  factory,  mercantile  or  other  establishment  who  shall 
refuse  on  demand  to  exhibit  to  such  attendance  officer  the  registry  of  the 
children  employed  or  the  employment  certificate  of  such  children  shall  be 
guilty  of  a  misdemeanor. 

§  635.  Truant  schools. —  1.  The  school  authorities  of  any  city  or  school 
district  may  establish  schools,  or  set  apart  separate  rooms  in  public  school 
buildings,  for  children  between  seven  and  sixteen  years  of  age,  who  are 
habitual  truants  from  instruction  upon  which  they  are  lawfully  required  to 
attend,  or  who  are  insubordinate  or  disorderly  during  their  attendance  upon 
such  instruction,  or  irregular  in  such  attendance.  Such  school  or  room  shall 
be  known  as  a  truant  school;  but  no  person  convicted  of  crimes  or  misde- 
meanors, other  than  truancy,  shall  be  committed  thereto. 

2.  School  authorities   may   provide   for  the   confinement,  maintenance   and 
instruction  of  such  truants  in  such  schools;  and  they,  or  the  superintendent 
of  schools  in  any  city  or  school  district,  may,  after  reasonable  notice  to  such 
child  and  the  persons  in  parental  relation  to  such  child,  and  an  opportunity 
for  them  to  be  heard,  and  with  the  consent  in  writing  of  the  persons  in  pa- 
rental relation  to  such  child,  order  such  child  to  attend  such  school,  or  to 
be  confined  and  maintained  therein,  under  such  rules  and  regulations  as  such 
authorities  may  prescribe,  for  a  period  not  exceeding  two  years;   but  in  no 
case  shall  a  child  be  so  confined  after  he  is  sixteen  years  of  age. 

3.  Such  authorities  may  order  such  a  child  to  be  confined  and  maintained 
during  such  period  in  any  private  school,  orphans'  home  or  similar  institution 
controlled  by  persons  of  the  same  religious  faith  as  the  persons  in  parental 
relation  to  such  child,  and  which  is  willing  and  able  to  receive,  confine  and 
maintain  such  child,  upon  such  terms  as  to  compensation  as  may  be  agreed 
upon   between  such  authorities   and  such   private  school,   orphans'   home   or 
similar  institution. 

4.  If  the  person  in  parental  relation   to  such   child   shall   not   consent  to 
either  of  such  orders  said  person  shall  be  proceeded  against  in  court  under 
section  six  hundred  and  twenty-five  of  this  chapter  by  the  school  authorities 
or  such  officer  as  they  may  designate.    In  case  the  person  in  parental  relation 

5 


130*         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

to  such  child  establishes  to  the  satisfaction  of  the  court  that  such  child  is 
beyond  his  control  such  child  shall  be  proceeded  against  as  a  disorderly 
person,  and  upon  conviction  thereof,  if  the  child  was  lawfully  required  to 
attend  a  public  school,  the  child  shall  be  sentenced  to  be  confined  and  main- 
tained in  such  truant  school  for  a  period  not  exceeding  two  years;  or  if  such 
child  was  lawfully  required  to  attend  upon  instruction  otherwise  than  at 
a  public  school,  the  child  may  be  sentenced  to  be  confined  and  maintained 
for  a  period  not  exceeding  two  years  in  such  private  school,  orphans'  home 
or  other  similar  institutions,  if  there  be  one,  controlled  by  persons  of  the 
same  religious  faith  as  the  persons  in  parental  relation  to  such  child,  which 
is  willing  and  able  to  receive,  confine  and  maintain  such  child  for  a  reason- 
able compensation.  Such  confinement  shall  be  conducted  with  a  view  to 
the  improvement  and  to  the  restoration,  as  soon  as  practicable,  of  such 
child  to  the  institution  elsewhere,  upon  which  he  may  be  lawfully  required 
to  attend. 

5.  The  authorities  committing  any  such  child,  and  in  cities  and  districts 
having  a  superintendent  of  schools  such  superintendent  shall  have  authority, 
in  his  discretion,  to  parole  at  any  time  any  truant  so  committed  by  them. 

6.  Every  child   lawfully   suspended   from   attendance   upon   instruction   for 
more  than  one  week,  shall  be  required  to  attend  such  truant  school  during 
the 'period  of  such  suspension. 

7.  The  school  authorities  of  any  city  or  school  district,  not  having  a  truant 
school,  may  contract  with  any  other  city  or  district  having  a  truant  school, 
for  the  confinement,  maintenance  and  instruction  therein  of  children  whom 
such  school   authorities  might   require  to   attend  a   truant   school,   if  there 
were  one  in  their  own  city  or  district. 

8.  Industrial  training  shall  be  furnished  in  every  such  truant  school. 

9.  The  expense  attending  the  commitment  and  cost  of  maintenance  of  any 
truant    residing    in    any    city,   or   district,    employing    a    superintendent    of 
schools  shall  be  a  charge  against  such  city,  or  district,  and  in  all  other  cases 
shall  be  a  county  charge. 

§  636.  Enforcement  of  law  and  withholding  the  state  moneys  by  commis- 
sioner of  education. —  1.  The  commissioner  of  education  shall  supervise  the 
enforcement  of  this  law  and  he  may  withhold  one-half  of  all  public  school 
moneys  from  any  city  or  district,  which,  in  his  judgment,  wilfully  omits  and 
refuses  to  enforce  the  provisions  of  this  article,  after  due  notice,  so  often  and 
so  long  as  such  wilful  omission  and  refusal  shall,  in  his  judgment,  continue 

2.  If  the  provisions  of  this  article  are  complied  with  at  any  time  withm 
one  year  from  the  date  on  which  said  moneys  were  withheld,  the  moneys  so 
withheld  shall  be  paid  over  by  said  commissioner  of  education  to  such  dis- 
trict or  city,  otherwise  forfeited  to  the  state. 

CERTAIN   EMPLOYMENTS    OF    CHILDREN   PROHIBITED. 

PENAL  LAW,  CHAPTEB  40  OF  CONSOLIDATED  LAWS. 
§  483.  Endangering  life  or  health  of  child. — A  person  who: 
1.  Wilfully  causes   or   permits  the   life  or   limb  of  any  child   actually   or 

apparently  under  the  age  of  sixteen  years  to  be  endangered,  or  its  health  to 

be  injured,  or  its  morals  to  become  depraved;  or, 


LAWS  RELATING  TO  LABOR.  *  131 

2.  Wilfully  causes  or  permits  such  child  to  be  placed  in  such  a  situation  or 
to  engage  in  such  an  occupation  that  its  life  or  limb  is  endangered,  or  its 
health  is  likely  to  be  injured,  or  its  morals  likely  to  be  impaired, 

Is  guilty  of  a  misdemeanor. 

fSubd.  3.  Contributing  to  juvenile  delinquency.  Repealed  by  L.  1910,  ch.  699, 
§  494,  relative  to  the  same  subject,  added  by  L.  1910,  ch.  699.] 

§  485.  Certain  employment  of  children  prohibited. — A  person  who  employs 
or  causes  to  be  employed,  or  who  exhibits,  uses,  or  has  in  custody,  or  trains 
for  the  purpose  of  the  exhibition,  use  or  employment  of,  any  child  actually  or 
apparently  under  the  age  of  sixteen  years;  or  who  having  the  care,  custody 
or  control  of  such  a  child  as  parent,  relative,  guardian,  employer  or  otherwise, 
sells,  lets  out,  gives  away,  so  trains,  or  in  any  way  procures  or  consents  to  the 
employment,  or  to  such  training,  or  use,  or  exhibition  of  such  child;  or  who 
neglects  or  refuses  to  restrain  such  child  from  such  training,  or  from  engaging 
or  acting: 

1.  As  a  rope   or   wire  walker,   gymnast,    wrestler,   contortionist,   rider    or 
acrobat;  or  upon  any  bicycle  or  similar  mechanical  vehicle  or.  contrivance;  or, 

2.  In  begging  or  receiving  or  soliciting  alms  in  any  manner  or  under  any 
pretense,  or  in  any  mendicant  occupation;  or  in  gathering  or  picking  rags,  or 
collecting  cigar  stumps,  bones  or  refuse  from  markets;   or  in  peddling;    or, 

3.  In  singing;  or  dancing;  or  playing  upon  a  musical  instrument;  or  in  a 
theatrical  exhibition;  or  in  any  wandering  occupation;  or, 

4.  In  any  illegal,  indecent  or   immoral   exhibition  or   practice;    or   in   the 
exhibition  of   any   such   child  when   insane,   idiotic,   or  when   presenting  the 
appearance   of   any   deformity   or   unnatural   physical   formation    or   develop- 
ment; or, 

5.  In  any  practice  or  exhibition  or  place  dangerous  or  injurious  to  the  life, 
limb,  health  or  morals  of  the  child, 

Is  guilty  of  a  misdemeanor. 

But  this  section  does  not  apply  to  the  employment  of  any  child  as  a  singer 
or  musician  in  a  church,  school  or  academy;  or  in  teaching  or  learning  the 
science  or  practice  of  music;  or  as  a  musician  in  any  concert  or  in  a  theatrical 
exhibition,  with  the  written  consent  of  the  mayor  of  the  city,  or  the  president 
of  the  board  of  trustees  of  the  village  where  such  concert  or  exhibition  takes 
place.  Such  consent  shall  not  be  given  unless  forty-eight  hours  previous 
notice  of  the  application  shall  have  been  served  in  writing  upon  the  society 
mentioned  in  section  four  hundred  and  ninety-one  of  this  chapter,  if  there 
be  one  within  the  county,  and  a  hearing  had  thereon  if  requested,  and  shall 
be  revocable  at  the  will  of  the  authority  giving  it.  It  shall  specify  the 
name  of  the  child,  its  age,  the  namee  and  residence  of  its  parents  or  guardi- 
ans, the  nature,  time,  duration  and  number  of  performances  permitted,  to- 
gether with  the  place  and  character  of  the  exhibition.  But  no  such  consent 
shall  be  deemed  to  authorize  any  violation  of  the  first,  second,  fourth  or 
fifth  subdivisions  of  this  section. 

Not  an  unconstitutional  infringement  of  the  parents'  rights  or  the  rights  of  the  child 
8  N.  Y.  Cr.  383;  People  v.  Ewer,  141  N.  Y.  129. 

§  486.  Prohibited  acts;  destitute  children. —  Any  child  actually  or  appar- 
ently under  the  age  of  sixteen  years  who  is  found: 

1.  Begging  or  receiving  or  soliciting  alms,  in  any  manner  or  under  any 


132*         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

pretense;   or  gathering  or  picking  rags,  or  collecting  cigar  stumps,  bones  or 

refuse  from  markets;    or, 
********* 

5.  Coming  within  any  of  the  descriptions  of  children  mentioned  in  section 
four  hundred  and  eighty-five, 

Must  be  arrested  and  brought  before  a  proper  court  or  magistrate,  who 
may  commit  the  child  to  any  incorporated  charitable  reformatory,  or  other 
institution,  and  when  practicable,  to  such  as  is  governed  by  persons  of  the 
same  religious  faith  as  the  parents  of  the  child,  or  may  make  any  disposi- 
tion of  the  child  such  as  now  is,  or  hereafter  may  be  authorized  in  the  cases 
of  vagrants,  truants,  paupers  or  disorderly  persons,  but  such  commitment 
shall,  so  far  as  practicable,  be  made  to  such  charitable  or  reformatory  insti- 
tutions. 

If  it  shall  appear  to  the  board  of  managers,  trustees  or  other  officers  in 
charge  of  said  incorporated  charitable,  reformatory  or  other  institution  to 
which  any  such  child  has  been  so  committed  that  said  child  be  incorrigible 
and  that  his  or  her  presence  therein  is  seriously  detrimental  to  the  welfare 
of  the  institution  and  other  children  therein,  an  application  may  be  made 
to  the  court  or  magistrate  who  committed  the  said  child  to  said  institution, 
or  to  a  justice  of  the  supreme  court  in  the  judicial  district  in  which  said 
institution  is  located,  for  an  order  transferring  said  child  to  another  incor- 
porated charitable,  reformatory  or  other  institution,  governed  or  controlled 
by  persons  of  the  same  religious  faith  as  the  parents  of  the  said  child,  when 
practicable,  said  institution  or  reformatory  to  be  one  designated  by  the  state 
board  of  charities  for  the  receipt  and  detention  of  such  incorrigible  children. 
Such  application  shall  be  by  petition  signed  by  the  officer  or  the  person  in 
charge  of  such  institution  and  shall  state  the  causes  for  seeking  such  trans- 
fer, and  due  notice  of  such  application  with  a  copy  of  the  petition  shall  be 
served  personally  or  by  mail  at  least  eight  days  before  the  hearing,  on  the 
parents  or  guardian  of  said  child  and  the  officer  of  the  locality  would  be 
chargeable  for  the  support  of  such  child  so  transferred,  and  upon  the  hearing 
of  said  petition  such  court,  magistrate  or  justice  may  grant  such  order  of 
transfer  if  it  appears  to  his  satisfaction  that  the  facts  alleged  are  true  and 
that  such  transfer  should  be  made;  and  any  child  so  transferred  shall  be 
confined  in  such  institution  to  which  such  transfer  shall  be  made  with  the 
same  force  and  effect  as  the  confinement  in  the  institution  in  the  first  instance 
and  under  the  same  terms  and  conditions.  [As  am'd  by  L.  1912,  ch.  169.] 

§  488.  Sending  messenger  boys  to  certain  places. — A  corporation  or  person 
employing  messenger  boys  who: 

1.  Knowingly  places  or  permits  to  remain  in  a  disorderly  house,  or  in  an 
unlicensed  saloon,  inn,  tavern  or  other  unlicensed  place  where  malt  or  spirit- 
uous liquors  or  wines  are  sold,  any  instrument  or  device  by  which  communi- 
cation may  be  had  between  such  disorderly  house,  saloon,  inn,  tavern  or  un- 
licensed  place,  and  any  office   or   place   of  business   of   such  corporation  or 
person;  or, 

2.  Knowingly  sends  or  permits  any  person  to  send  any  messenger  boy  to 
any  disorderly  house,  unlicensed  saloon,  inn,  tavern,  or  other  unlicensed  place, 
where  malt  or  spirituous  liquors  or  wines  are  sold,  on  any  errand  or  business 
whatsoever  except  to  deliver  telegrams  at  the  door  of  such  house, 


LAWS  RELATING  TO  LABOR.  *  133 

Is  guilty  of  a  misdemeanor,  and  incurs  a  penalty  of  fifty  dollars  to  be 
recovered  by  the  district  attorney. 

Compare   §   161-a  of  the   Labor  Law,  ante. 

TAKING  APPRENTICE  WITHOUT  GUARDIAN'S  CONSENT. 

§  493.  Taking  apprentice  without  consent  of  guardian.— A  person  who 
takes  an  apprentice  without  having  first  obtained  the  consent  of  his  legal 
guardian  or  unless  a  written  agreement  has  been  entered  into  as  prescribed 
by  law,  is  guilty  of  a  misdemeanor. 

For  the  law  regulating  apprenticeship,  see  under  INDUSTRIAL  EDUCATION,  post. 

PAYMENT    OF    WAGES    TO    MINORS. 

THE  DOMESTIC  RELATIONS  LAW,  CHAPTER  14  OF  THE  CONSOLIDATED  LAWS*. 

§  72.  Payment  of  wages  to  minor;  when  valid. — Where  a  minor  is  in  the 
employment  of  a  person  other  than  his  parent  or  guardian,  payment  to  such 
minor  of  his  wages  is  valid,  unless  such  parent  or  guardian  notify  the  em- 
ployer in  writing,  within  thirty  days  after  the  commencement  of  such  serv- 
ice, that  such  wages  are  claimed  by  such  parent  or  guardian,  but  whenever 
such  notice  is  given  at  any  time  payments  to  the  minor  shall  not  be  valid 
for  services  rendered  thereafter. 


HOURS  OF  LABOR.* 

DRUG   CLERKS. 

PUBLIC  HEALTH  LAW,  CHAPTER  45  OF  THE  CONSOLIDATED  LAWS. 

§  236.  Working  hours  and  sleeping  apartments. —  No  apprentice  or 
employee  in  any  pharmacy  or  drug  store  shall  be  required  or  permitted  to 
work  more  than  seventy  hours  a  week.  Nothing  in  this  section  prohibits 
working  six  hours  overtime  any  week  for  the  purpose  of  making  a  shorter 
succeeding  week;  provided,  however,  that  the  aggregate  number  of  hours  in 
any  such  two  weeks  bhall  not  exceed  one  hundred  and  thirty-two  hours.  The 
hours  shall  be  so  arranged  that  an  employee  shall  be  entitled  to  and  shall 
receive  at  least  one  full  day  off  in  two  consecutive  weeks.  No  proprietor 
of  any  pharmacy  or  drug  store  shall  require  any  clerk  to  sleep  in  any  room 
or  apartment  in  or  connected  with  such  store  that  does  not  comply  with  the 
sanitary  regulations  of  the  local  board  of  health.  [As  am'd  by  L.  1910, 
ch.  422,  and  L.  1911,  ch.  630.] 

The  provision  for  one  day's  rest  in  two  weeks  was  impliedly  repealed  by  §  8-a 
of  the  Labor  Law,  added  by  L.  1913,  ch.  740  (ruling  of  Attorney-General,  October 
6,  1913). 

§  240.  Revocation   of  license;    misdemeanors;    violations  and  penalties. — 

»  *  *  *  *  *  *  *  * 

The  wilful  and  repeated  violation  of  any  of  the  provisions  of  this  article  or 
the  rules  is  sufficient  cause  for  the  revocation  of  a  license  or  certificate. 
The  license  or  certificate  revoked  shall  on  formal  notice  be  delivered  im- 
mediately to  the  board. 

Misdemeanors.     It  is  a  misdemeanor  for 

•  ***»•**• 

9.  Any  proprietor  of  a  pharmacy  or  drug  store  to  require  more  than 
seventy  working  hours  a  week  in  other  arrangement  than  that  permitted  by 
section  two  hundred  and  thirty- six;  and  for  any  proprietor  of  a  pharmacy  or 
drug  store  to  violate  the  provisions  of  the  same  section  in  regard  to  sleeping 
apartments.  [As  am'd  by  L.  1910,  ch.  422  and  L.  1911,  ch.  630.] 

PUBLIC    HOLIDAYS. 

GENERAL  CONSTRUCTION  LAW,  CHAPTER  22  OF  THE  CONSOLIDATED  LAWS. 
§  24.  Holidays;  half -holiday. — The  term  holiday  includes  the  following 
days  in  each  year:  The  first  day  of  January,  known  as  New  Year's  day; 
the  twelfth  day  of  February,  known  as  Lincoln's  birthday;  the  twenty-second 
day  of  February,  known  as  Washington's  birthday;  the  thirtieth  day  of  May, 
known  as  Memorial  day;  the  fourth  day  of  July,  known  as  Independence  day; 
the  first  Monday  of  September,  known  as  Labor  day;  the  twelfth  day  of 
October,  known  as  Columbus  day,  and  the  twenty-fifth  day  of  December, 
known  as  Christmas  day,  and  if  either  of  such  days  is  Sunday,  the  next  day 
thereafter;  each  general  election  day  and  each  day  appointed  by  the  president 
of  the  United  States  or  by  the  governor  of  this  state  as  a  day  of  general 
thanksgiving,  general  fasting  and  prayer,  or  other  general  religious  observ- 
ances. The  term  half-holiday  includes  the  period  from  noon  to  midnight 
of  each  Saturday  which  is  not  a  holiday.  [As  am'd  by  L.  1909,  ch.  112.] 

*  Most  of  the  legal  restrictions  upon  the  hours  of  labor  are  to  be  found  In  th« 
Labor  Law  (articles  1,  6,  8  and  12,  ante).  See  also  under  Public  Works,  post. 

[134] 


LAWS  RELATING  TO  LABOR.  *  135 

SUNDAY  LABOE.* 

ARTICLE  192  OF  FENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  2143.  Labor  prohibited  on  Sunday. — All  labor  on  Sunday  is  prohibited, 
excepting  the  works  of  necessity  and  charity.  In  works  of  necessity  or 
charity  is  included  whatever  is  needful  during  the  day  for  the  good  order, 
health  or  comfort  of  the  community. 

§  2144.  Persons  observing  another  day  as  a  Sabbath. —  It  is  a  sufficient 
defense  to  a  prosecution  for  work  or  labor  on  the  first  day  of  the  week  that 
the  defendant  uniformly  keeps  another  day  of.  the  week  as  holy  time,  and 
does  not  labor  on  that  day,  and  that  the  labor  complained  of  was  done  in 
such  manner  as  not  to  interrupt  or  disturb  other  persons  in  observing  the 
first  day  of  the  week  as  holy  time. 

§  2146.  Trades,  manufactures,  and  mechanical  employments  prohibited  on 
Sunday. — All  trades,  manufactures,  agricultural  or  mechanical  employments 
upon  the  first  day  of  the  week  are  prohibited,  except  that  when  the  same 
are  works  of  necessity  they  may  be  performed  on  that  day  in  their  usual 
and  orderly  manner,  so  as  not  to  interfere  with  the  repose  and  religious 
liberty  of  the  community. 

§  2147.  Public  traffic  on  Sunday. —  All  manner  of  public  selling  or  offering 
for  sale  of  any  property  upon  Sunday  is  prohibited,  except  as  follows : 

1.  Articles  of  food  may  be  sold,  served,  supplied  and  delivered  at  any  time 
before  ten  o'clock  in  the  morning; 

2.  Meals  may  be  sold  to  be  eaten  on  the  premises  where  sold  at  any  time 
of  the  day; 

3.  Caterers  may  serve  meals  to  their  patrons  at  <any  time  of  the  day; 

4.  Prepared  tobacco,  milk,  eggs,  ice,  soda-water,  fruit,  flowers,  confectionery, 
newspapers,  drugs,  medicines  and  surgical  instruments,  may  be  sold  in  places 
other  than  a  room  where  spirituous  or  malt  liquors  or  wines  are  kept  or 
offered  for  sale  and  may  be  delivered  at  any  time  of  the  day : 

5.  Delicatessen  dealers  may  sell,  supply,  serve  and  deliver  cooked  and  pre- 
pared  foods,  between  the  hours  of  four  o'clock  in  the   afternoon   and  half 
past  seven  o'clock  in  the  evening,  in  addition  to  the  time  provided  for   in 
subdivision  one  hereof. 

The  provisions  of  this  section,  however,  shall  not  be  construed  to  allow 
or  permit  the  public  sale  or  exposing  for  sale  or  delivery  of  uncooked  flesh 
foods,  or  meats,  fresh  or  salt,  at  any  hour  or  time  of  the  day.  Delicatessen 
dealers  shall  not  be  considered  as  caterers  within  subdivision  three  hereof. 
[As  am'd  by  L.  1913,  ch.  346.] 

The  prohibition  of  the  sale  of  uncooked  meat  at  any  hour  on  Sunday  is  constitu- 
tional:  People  ex  rel.  Woodin  v.  Hagan.  36  Misc.  349. 

§  2153.  Barbering  on  Sunday. — Any  person  who  carries  on  or  engages  in 
the  business  of  shaving,  hair  cutting  or  other  work  of  a  barber  on  the  first 
day  of  the  week,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  shall  be  fined  not  more  than  five  dollars;  and  upon  a  second 
conviction  for  a  like  offense  shall  be  fined  not  less  than  ten  dollars  and  not 
more  than  twenty-five  dollars,  or  be  imprisoned  in  the  county  jail  for  a 
period  of  not  less  than  ten  days,  nor  more  than  twenty-five  days,  or  be  punish- 
able by  both  such  fine  and  such  imprisonment  at  the  discretion  of  the  court 

*  Compare  the  "  one  day  of  rest  in  seven  "  law  in  §  8-a  of  the  Labor  Law,  ante. 


136*         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

or  magistrate;  provided,  that  in  the  village  of  Saratoga  Springs,  from  the 
fifteenth  day  of  June  to  the  fifteenth  day  of  September,  inclusive,  and  in  the 
city  of  New  York  throughout  the  year,  barber  shops  or  other  places  where 
a  barber  is  engaged  in  shaving,  hair  cutting  or  other  work  of  a  barber,  may 
be  kept  open,  and  the  work  of  a  barber  may  be  performed  therein  until  one 
o'clock  of  the  afternoon  of  the  first  day  of  the  week. 

Held  to  be  constitutional:     People  v.  Haynor,  149  N.  Y.  195   (1896). 

VACATIONS  OF  PUBLIC  EMPLOYEES. 

ABTICLE  4  OF  THE  PUBLIC  OFFICERS  LAW,  CHAPTER  47  OF  THE  CONSOLIDATED 

LAWS. 

§  71.  Vacations  for  employees  of  the  state  and  the  several  civil  subdivi- 
sions thereof. —  The  executive  officers  of  every  public  department,  bureau, 
commission,  or  board  of  the  state  and  of  each  county,  city  or  other  civil 
division  thereof  are  authorized  and  empowered  to  grant  to  every  employee 
under  their  supervision,  who  shall  have  been  in  such  employ  for  at  least  one 
year,  a  vacation  of  not  less  than  two  weeks  in  each  year,  and  for  such  fur- 
ther period  of  time  as  in  the  opinion  and  judgment  of  the  executive  officers, 
the  duties,  position,  length  of  service  and  other  circumstances  may  warrant, 
at  such  time  as  the  executive  officers  may  fix  and  during  such  vacation  the 
said  employee  shall  be  allowed  the  same  compensation  as  if  actually  em- 
ployed. [Added  ly  L.  1910,  ch.  680.] 

TITLE  3  OF  CHAPTER  23  OF  THE  GREATER  NEW  YORK  CHARTER. 

§  1567.  The  executive  heads  of  the  various  departments  are  authorized  and 
empowered  to  grant  to  every  employee  of  the  city  of  New  York,  or  of  any 
department  or  bureau  thereof,  and  of  the  department  of  education,  a  vacation 
of  not  less  than  two  weeks  in  each  year  and  for  such  further  period  of  time 
as  the  duties,  length  of  service  and  other  qualifications  of  an  employee  may 
warrant,  at  such  time  as  the  executive  head  of  the  department  or  any  officer 
having  supervision  over  said  employee  may  fix,  and  for  such  time  they 
shall  be  allowed  the  same  compensation  as  if  actually  employed,  except  that 
no  such  vacation  shall  be  granted  to  per  diem  employees  for  longer  than 
two  weeks  and  only  during  the  months  of  June,  July,  August  and  September. 
[Added  by  L.  1909,  ch.  559  and  am'd  by  L.  1910,  ch.  679,  and  ly  L. 
1913,  ch.  121.] 

The  granting  of  vacations  under  this  section  is  permissive,  not  mandatory : 
People  ex  rel.  Denery  v.  Drummond,  in  Supreme  Court  in  New  York  City,  Aug., 
1910. 


DUTIES  AND  LIABILITIES  OF  EMPLOYERS  AND 
EMPLOYEES. 

LIABILITY   OF   RAILWAY   COMPANIES,* 

RAILEOAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 

§  64.  Injuries  to  employees. —  In  all  actions  against  a  railroad  corpo- 
ration, foreign  or  domestic,  doing  business  in  this  state,  or  against  a  re- 
ceiver thereof,  for  personal  injury  to,  or  death  resulting  from  personal  in- 
jury of  any  person,  while  in  the  employment  of  such  corporation,  or  receiver, 
arising  from  the  negligence  of  such  corporation  or  receiver  or  of  any  of  its 
or  his  officers  or  employees,  every  employee,  or  his  legal  representatives, 
shall  have  the  same  rights  and  remedies  for  an  injury,  or  for  death,  suffered 
by  him,  from  the  act  or  omission  of  such  corporation  or  receiver  or  of  its  or 
his  officers  or  employees,  as  are  now  allowed  by  law,  and,  in  addition  to 
the  liability  now  existing  by  law,  it  shall  be  held  in  such  actions  that 
persons  engaged  in  the  service  of  any  railroad  corporation,  foreign  or  do- 
mestic, doing  business  in  this  state,  or  in  the  service  of  a  receiver  thereof, 
who  are  intrusted  by  such  corporation  or  receiver,  with  the  authority  of 
superintendence,  control  or  command  of  other  persons  in  the  employment  of 
such  corporation  or  receiver,  or  with  the  authority  to  direct  or  control  any 
other  employee  in  the  performance  of  the  duty  of  such  employee,  or  who 
have,  as  a  part  of  their  duty,  for  the  time  being,  physical  control  or  direc- 
tion of  the  movement  of  a  signal,  switch,  locomotive  engine,  car,  train  or 
telegraph  office,  are  vice-principals  of  such  corporation  or  receiver,  and  are 
not  fellow-servants  of  such  injured  or  deceased  employee.  If  an  employee, 
engaged  in  the  service  of  any  such  railroad  corporation,  or  of  a  receiver 
thereof,  shall  receive  any  injury  by  reason  of  any  defect  in  the  condition  of 
the  ways,  works,  machinery,  plant,  tools  or  implements,  or  of  any  car,  train, 
locomotive  or  attachment  thereto  belonging,  owned  or  operated,  or  being 
run  and  operated  by  such  corporation  or  receiver,  when  such  defect  could 
have  been  discovered  by  such  corporation  or  receiver,  by  reasonable  and 
proper  care,  tests  or  inspection,  such  corporation  or  receiver  shall  be  deemed 
to  have  had  knowledge  of  such  defect  before  and  at  the  time  such  injury 
is  sustained;  and  when  the  fact  of  such  defect  shall  be  proved  upon  the  trial 
of  any  action  in  the  courts  of  this  state,  brought  by  such  employee  or  his 
legal  representatives,  against  any  such  railroad  corporation  or  receiver,  on 
account  of  such  injuries  so  received,  the  same  shall  be  prima  facie  evidence 
of  negligence  on  the  part  of  such  corporation  or  receiver.  This  section  shall 
not  aliect  actions  or  causes  of  action  existing  on  May  twenty-ninth,  nineteen 
hundred  and  six;  and  no  contract,  receipt,  rule  or  regulation  between  an 
employee  and  a  railroad  corporation  or  receiver,  shall  exempt  or  limit  the 
liability  of  such  corporation  or  receiver  from  the  provisions  of  this  section. 

This  section  applies  to  street  surface  railroads :  Kent  v.  Jamestown  Street  Ry. 
Co.,  205  N.  Y.  361. 

DAMAGES   FOB   INJURIES   CAUSING   DEATH, 

ABTICLE  I  OF  THE  CONSTITUTION. 

Section  18.  The  right  of  action  now  existing  to  recover  damages  for  injuries 
resulting  in  death,  shall  never  be  abrogated ;  and  the  amount  recoverable  shall 
not  be  subject  to  any  statutory  limitation. 

*  For  the  General  Employers'  Liability  Law,  see  Article  14  of  the  Labor  Law, 
ante. 

[137] 


138  *         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

CODE  OF  CIVIL  PBOCEDUBE. 

§  1902.  The  executor  or  administrator  of  a  decedent,  who  has  left,  him  or 
her  surviving,  a  husband,  wife,  or  next  of  kin,  may  maintain  an  action  to  re- 
cover damages  for  a  wrongful  act,  neglect,  or  default,  by  which  the  decedent's 
death  was  caused,  against  a  natural  person  who,  or  a  corporation  which,  would 
have  been  liable  to  an  action  in  favor  of  the  decedent,  by  reason  thereof,  if 
death  had  not  ensued.  Such  an  action  must  be  commenced  within  two  years 
after  the  decedent's  death. 

CRIMINAL    LIABILITY    FOR    NEGLIGENCE, 

PENAL  LAW,  CHAPTEB  40  OF  THE  CONSOLIDATED  LAWS,  §  1052  (PABT). 

Negligent  use  of  machinery. — A  person  who,  by  any  act  of  negligence  or 
misconduct  in  a  business  or  employment  in  wkich  he  is  engaged,  or  in  the 
use  or  management  of  any  machinery,  animals,  or  property  of  any  kind, 
intrusted  to  his  care,  or  under  his  control,  or  by  any  unlawful,  negligent  or 
reckless  act,  not  specified  by  or  coming  within  the  foregoing  provisions  of 
this  article,  or  the  provisions  of  some  other  statute,  occasions  the  death  of 
a  human  being,  is  guilty  of  manslaughter  in  the  second  degree. 

Persons  in  charge  of  steamboats. —  A  person  having  charge  of  a  steamboat 
used  for  the  conveyance  of  passengers,  or  of  a  boiler  or  engine  thereof,  who, 
from  ignorance,  recklessness,  or  gross  neglect,  or  for  the  purpose  of  excelling 
any  other  boat  in  speed,  creates,  or  allows  to  be  created,  such  an  undue 
quantity  of  steam  as  to  burst  the  boiler,  or  other  apparatus  in  which  it  is 
generated  or  contained,  or  to  break  any  apparatus  or  machinery  connected 
therewith,  whereby  the  death  of  a  human  being  is  occasioned,  is  guilty  of 
manslaughter  in  the  second  degree. 

Persons  in  charge  of  steam  engines.— An  engineer  or  other  person,  having 
charge  of  a  steam  boiler,  steam  engine,  or  other  apparatus  for  generating 
or  applying  steam,  employed  in  a  boat  or  railway,  or  in  a  manufactory,  or  in 
any  mechanical  works,  who  wilfully,  or  from  ignorance  or  gross  neglect, 
creates  or  allows  to  be  created,  such  an  undue  quantity  of  steam  as  to  burst 
the  boiler,  engine,  or  apparatus,  or  to  cause  any  other  accident,  whereby  the 
death  of  a  human  being  is  produced,  is  guilty  of  manslaughter  in  the  second 
degree. 

§  1893.  Mismanagement  of  steam  boilers. — An  engineer  or  other  person  hav- 
ing charge  of  a  steam  boiler,  steam  engine,  or  other  apparatus  for  generating 
or  employing  steam,  employed  in  a  railway,  manufactory,  or  other  mechanical 
works,  who,  wilfully  or  from  ignorance  or  gross  neglect,  creates  or  allows 
to  be  created  such  an  undue  quantity  of  steam  as  to  burst  the  boiler,  engine 
or  apparatus,  or  cause  any  other  accident  whereby  human  life  is  endangered, 
is  guilty  of  a  misdemeanor. 

See  also  {§  1891,  1892. 

EMPLOYEES  NOT  TO  DISPOSE  OF  MATERIAL  FURNISHED. 

PENAL  LAW,  CHAPTEB  40  OF  THE  CONSOLIDATED  LAWS. 

§    1310.   Conversion  of   materials   furnished   to   a  person   for  purpose   of 

being  manufactured. —  Any  person  who  shall  wilfully  pawn,  pledge,  sell  or 

convert  to  his  or  her  own  use  any  material  furnished  to  him  or  her  for  the 

purpose  of  being  manufactured,   if  the  same  be  of  the  value  of  more  than 


LAWS  RELATING  TO  LABOR.  *  139 

twenty-five  dollars,  shall,  upon  conviction  thereof,  be  adjudged  guilty  of  grand 
larceny,  and  imprisoned  in  a  state  prison  for  a  term  not  exceeding  five  years, 
but  if  the  same  be  of  the  value  of  twenty-five  dollars  or  under,  he  or  she! 
shall,  upon  conviction,  be  adjudged  guilty  of  petit  larceny,  and  be  punished 
by  imprisonment  in  a  county  jail  not  exceeding  six  months,  or  by  fine  not 
exceeding  one  hundred  dollars,  or  by  both  such  fine  and  imprisonment. 

Nothing  in  this  section  contained  shall  be  deemed  or  held  to  discharge  any 
mechanic's  lien,  or  right  of  lien  in  favor  of  any  employee  as  now  recognized 
by  law. 

CORRUPT   INFLUENCING   OF   AGENTS,   EMPLOYEES   OR   SERVANTS, 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  439.  Corrupt  influencing  of  agents,  employees  or  servants. —  Whoever 
gives,  offers  or  promises  to  an  agent,  employee  or  servant,  any  gift  or  gratuity 
whatever,  without  the  knowledge  and  consent  of  the  principal,  employer  or 
master  of  such  agent,  employee  or  servant,  with  intent  to  influence  his 
action  in  relation  to  his  principal's,  employer's  or  master's  business;  or  an 
agent,  employee  or  servant  who  without  the  knowledge  and  consent  of  his 
principal,  employer  or  master,  requests  or  accepts  a  gift  or  gratuity  or  a 
promise  to  make  a  gift  or  to  do  an  act  beneficial  to  himself,  under  an  agree- 
ment or  with  an  understanding  that  he  shall  act  in  any  particular  manner 
to  his  principal's,  employer's  or  master's  business;  or  an  agent,  employee 
or  servant,  who,  being  authorized  to  procure  materials,  supplies  or  other 
articles  either  by  purchase  or  contract  for  his  principal,  employer  or  master, 
or  to  employ  service  or  labor  for  his  principal,  employer  or  master,  receives 
directly  or  indirectly,  for  himself  or  for  another,  a  commission,  discount  or 
bonus  from  the  person  who  makes  such  sale  or  contract,  or  furnishes  such 
materials,  supplies  or  other  articles,  or  from  a  person  who  renders  such 
service  or  labor;  and  any  person  who  gives  or  offers  such  an  agent,  employee 
or  servant  such  commission,  discount  or  bonus  shall  be  guilty  of  a  misde- 
meanor and  shall  be  punished  by  a  fine  of  not  less  than  ten  dollars  nor  more 
than  five  hundred  dollars,  or  by  such  fine  and  by  imprisonment  for  not  more 
than  one  year. 

Cf.  "  Bribery  of  labor  representatives,"  under  TRADE  UNIONS,  post. 


POLITICAL  AND  LEGAL  RIGHTS  AND   PRIVILEGES  OF 
WORKINGMEN. 

ALLOWING  TIME  FOR  EMPLOYEES   TO   VOTE  WITHOUT  LOSS   OF  PAY. 

ELECTION  LAW,  CHAPTER  17  OF  THE  CONSOLIDATED  LAWS. 
§  365.  Time  allowed  employees  to  vote. — Any  person  entitled  to  vote  at  a 
general  election  held  within  this  state,  shall  on  the  day  of  such  election  be 
entitled  to  absent  himself  from  any  service  or  employment  in  which  he  is  then 
engaged  or  employed,  for  a  period  of  two  hours,  while  the  polls  of  such  election 
are  open.  If  such  voter  shall  notify  his  employer  before  the  day  of  such  elec- 
tion of  such  intended  absence,  and  if  thereupon  two  successive  hours  for 
such  absence  shall  be  designated  by  the  employer,  and  such  absence  shall  be 
during  such  designated  hours,  or  if  the  employer  upon  the  day  of  such  notice 
makes  no  designation,  and  such  absence  shall  be  during  any  two  consecutive 
hours  while  such  polls  are  open,  no  deduction  shall  be  made  from  the  usual 
salary  or  wages  of  such  voter,  and  no  other  penalty  shall  be  imposed  upon 
him  by  his  employer  by  reason  of  such  absence.  This  section  shall  be  deemed 
to  include  all  employees  of  municipalities. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 
§  759.  Refusal  to  permit  employees  to  attend  election. — A  person  or  corpo- 
ration who  refuses  to  an  employee  entitled  to  vote  at  an  election  or  town  meet- 
ing, the  privilege  of  attending  thereat,  as  provided  by  the  election  law,  or 
subjects  such  employee  to  a  penalty  or  reduction  of  wages  because  of  the 
exercise  of  such  privilege,  is  guilty  of  a  misdemeanor. 

TO    PREVENT    EMPLOYERS    FROM    COERCING    EMPLOYEES    IN    THEIR    EXER- 
CISE   OF    THE    SUFFRAGE. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 
§  772.  Duress  and  intimidation  of  voters. — Any  person  or  corporation  who 
directly  or  indirectly: 

1.  Uses  or  threatens  to  use  any  force,  violence  or  restraint,  or  inflicts  or 
threatens  to  inflict  any  injury,  damage,  harm  or  loss,  or  in  any  other  manner 
practices   intimidation   upon   or   against  any   person   in   order   to   induce   or 
compel  such  person  to  vote  or  refrain  from  voting  at  any  election  or  to  vote 
or  refrain  from  voting  for  or  against  any  particular  person  or  for  or  against 
any  proposition  submitted  to  voters  at  such  election,  or  to  place  or  cause 
to  be  placed  or  refrain  from  placing  or  causing  to  be  placed  his  name  upon 
a  registry  of  voters,  or  on  account  of  such  person  having  voted  or  refrained 
from  voting  at  such  election,  or  having  voted  or  refrained  from  voting  for  or 
against  any  particular  person  or  persons,  or  for  or  against  any  proposition 
submitted  to  voters  at  such  election,  or  having  registered  or  refrained  from 
registering  as  a  voter;  or, 

2.  By  abduction,  duress  or  any  forcible  or  fraudulent  device  or  contrivance 
whatever  impedes,  prevents  or  otherwise  interferes  with  the  free  exercise  of 
the   elective   franchise   by  any  voter,   or   compels,    induces   or   prevails   upon 
any  voter  to  give  or  refrain  from  giving  his  vote  for  or  against  any  par- 
ticular person  at  any  election;   or, 

[140] 


LAWS  RELATING  TO  LABOR.  *  141 

3.  Being  an  employer  pays  his  employees  the  salary  or  wages  due  in  "  pay 
envelopes,"  upon  which  there  is  written  or  printed  any  political  motto,  device 
or  argument  containing  threats,  express  or  implied,  intended  or  calculated  to 
influence  the  political  opinions  or  actions  of  such  employees,  or  within 
ninety  days  of  a  general  election  puts  or  otherwise  exhibits  in  the  establish- 
ment or  place  where  his  employees  are  engaged  in  labor,  any  handbill  or 
placard  containing  any  threat,  notice  or  information,  that  if  any  particular 
ticket  or  candidate  is  elected  or  defeated,  work  in  his  place  or  establishment 
will  cease,  in  whole  or  in  part,  his  establishment  be  closed  up,  or  the  wages 
of  his  employees  reduced,  or  other  threats,  express  or  implied,  intended  or 
calculated  to  influence  the  political  opinions  or  actions  of  his  employees, 

Is  guilty  of  a  misdemeanor,  and  if  a  corporation  shall  in  addition  forfeit 
its  charter. 

EXEMPTION    OF    MECHANICS'    TOOLS  FROM    ATTACHMENT. 

CODE  OF  CIVIL  PROCEDURE  (CHAPTER  13,  TITLE  2,  ARTICLE  I). 
§   1390.  The  following  personal  property,  when  owned  by  a  householder  is 
exempt  from  levy  and  sale  by  virtue  of  an  execution,  and  each  movable  article 
thereof  continues  to  be   so  exempt,  while  the  family,  or  any  of  them,  are 

removing  from  one  residence  to  another: 
********* 

6.  The  tools  and  implements  of  a  mechanic,  necessary  to  the  carrying 
on  of  his  trade,  not  exceeding  in  value  twenty-five  dollars. 

§  1391.  In  addition  to  the  exemptions,  allowed  by  the  last  section,  neces- 
sary household  furniture,  working  tools  and  team,  professional  instruments, 
furniture  and  library,  not  exceeding  in  value  two  hundred  and  fifty  dollars, 
together  with  the  necessary  food  for  the  team,  for  ninety  days,  are  exempt 
from  levy  and  sale  by  virtue  of  an  execution,  when  owned  by  a  person,  being 
a  householder,  or  having  a  family  for  which  he  provides,  except  where  the 
execution  is  issued  upon  a  judgment,  recovered  wholly  upon  one  or  more 
demands,  either  for  work  performed  in  the  family  as  a  domestic  or  for  the 
purchase  money  of  one  or  more  articles,  exempt  as  prescribed  in  this  or  the 
last  section.  Where  a  judgment  has  been  recovered  and  where  an  execution 
issued  upon  said  judgment  has  been  returned  wholly  or  partly  unsatisfied, 
and  where  any  wages,  debts,  earnings,  salary,  income  from  trust  funds  or 
profits  are  due  and  owing  to  the  judgment  debtor  or  shall  thereafter  become 
due  and  owing  to  him,  to  the  amount  of  twelve  dollars  or  more  per  week,  the 
judgment  creditor  may  apply  to  the  court  in  which  said  judgment  was  re- 
covered or  the  court  having  jurisdiction  of  the  same  without  notice  to  the 
judgment  debtor  and  upon  satisfactory  proof  of  such  facts  by  affidavits  or 
otherwise,  the  court,  if  a  court  not  of  record,  a  judge  or  justice  thereof, 
must  issue,  or  if  a  court  of  record,  a  judge  or  justice  must  grant  an  order 
directing  that  an  execution  issue  against  the  wages,  de'bts,  earnings,  salary, 
income  from  trust  funds  or  profits  of  said  judgment  debtor,  >and  on  presen- 
tation of  such  execution  by  the  officer  to  whom  delivered  for  collection  to 
the  person  or  persons  from  whom  such  wages,  debts,  earnings,  salary,  income 
from  trust  funds  or  profits  are  due  and  owing,  or  may  thereafter  become  due 
and  owing  to  the  judgment  debtor,  said  execution  shall  become  a  lien  and  a 
continuing  levy  upon  the  wages,  earnings,  debts,  salary,  income  from  trust 


142  *         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

funds  or  profits  due  or  to  become  due  to  said  judgment  debtor  to  the  amount 
specified  therein  which  shall  not  exceed  ten  per  centum  thereof,  and  said  levy 
shall  be  a  continuing  levy  until  said  execution  and  the  expenses  thereof  are 
fully  satisfied  and  paid  or  until  modified  as  hereinafter  provided,  but  only 
one  execution  against  the  wages,  debts,  earnings,  salary,  income  from  trust 
funds  or  profits  of  said  judgment  debtor  shall  be  satisfied  at  one  time  and 
where  more  than  one  execution  has  been  issued  or  shall  be  issued  pursuant 
to  the  provisions  of  this  section  against  the  same  judgment  debtor,  they 
shall  be  satisfied  in  the  order  of  priority  in  which  such  executions  are  pre- 
sented to  the  person  or  persons  from  whom  such  wages,  debts,  earnings, 
salary,  income  from  trust  funds  or  profits  are  due  and  owing.  It  shall  be 
the  duty  of  any  person  or  corporation,  municipal  or  otherwise,  to  whom 
said  execution  shall  be  presented,  and  who  shall  at  such  time  be  indebted  to 
the  judgment  debtor  named  in  such  execution,  or  who  shall  become  indebted 
to  such  judgment  debtor  in  the  future,  and  while  said  execution  shall  re- 
main a  lien  upon  said  indebtedness  to  pay  over  to  the  officer  presenting  the 
eame,  such  amount  of  such  indebtedness  as  such  execution  shall  prescribe 
until  said  execution  shall  be  wholly  satisfied  and  such  payment  shall  be  a 
bar  to  any  action  therefor  by  any  such  judgment  debtor.  If  such  person  or 
corporation,  municipal  or  otherwise,  to  whom  said  execution  shall  be  pre- 
sented shall  fail,  or  refuse  to  pay  over  to  said  officer  presenting  said  execu- 
tion, the  percentage  of  said  indebtedness,  he  shall  be  liable  to  an  action 
therefor  by  the  judgment  creditor  named  in  such  execution,  and  the  amount 
so  recovered  by  such  judgment  creditor  shall  be  applied  towards  the  pay- 
ment of  said  execution.  Either  party  may  apply  at  any  time  to  the  court 
from  which  such  execution  shall  issue,  or  to  any  judge  or  justice  issuing  the 
same,  or  to  the  county  judge  of  the  county,  and  in  any  county  where  there 
is  no  county  judge,  to  any  justice  of  the  city  court  upon  such  notice  to  the 
other  party  as  such  court,  judge,  or  justice  shall  direct  for  a  modification  of 
said  execution,  and  upon  such  hearing  the  said  court,  judge  or  justice  may 
make  such  modification  of  said  execution  as  shall  be  deemed  just,  and  such 
execution  as  &o  modified  shall  continue  in  full  force  and  effect  until  fully 
paid  and  satisfied,  or  until  further  modified  as  herein  provided.  This  section, 
so  far  as  it  relates  to  wages  and  salary,  due  and  owing  or  to  become  due 
and  owing  to  the  judgment  debtor,  shall  not  apply  to  judgments  recovered 
more  than  ten  years  prior  to  September  first,  nineteen  hundred  and  eight, 
and  any  execution  heretofore  issued  upon  such  judgments  pursuant  to  an 
order  heretofore  granted  under  this  section  shall,  when  this  act  takes  effect, 
cease  to  be  a  lien  and  continuing  levy  upon  wages  and  salary  thereafter  to 
become  due  and  owing  to  the  judgment  debtor.  [As  am'd  by  L.  1911,  chs.  489 
and  532.'] 

The  above  section  exempts  from  attachment  wages  of  less  than  $12  per  week. 
Section  1879  of  the  Code  of  Civil  Procedure  also  exempts  from  execution  on 
judgment  creditor's  action  "  the  earnings  of  the  judgment  debtor  for  his  personal 
services,  rendered  within  sixty  days  next  before  the  commencement  of  the  action, 
where  it  is  made  to  appear,  by  his  oath,  or  otherwise  that  those  earnings  are 
necessary  for  the  use  of  a  family,  wholly  or  partly  supported  by  his  labor." 

This  section  applies  to  state  employees :  See  section  2-a  of  the  State  Finance 
Law  (which  provides  also  for  semi-monthly  pay  for  such  employees  and  which 
was  added  in  1910)  given  under  PUBLIC  WORK  AND  PUBLIC  CONTRACTS,  post. 
Prior  to  the  addition  of  this  section  to  the  Finance  Law,  the  garnishee  law  had 
been  held  not  to  apply  to  state  employees :  Osterhoudt  v.  Stade,  133  App.  Div.  83. 


LAWS  RELATING  TO  LABOK.  *  143 

TAKING  SECURITY  FOB  USURIOUS  LOANS. 
PENAL  LAW,  CHAPTEB  40  OF  THE  CONSOLIDATED  LAWS. 

{  2400.  Taking  security  upon  certain  property  for  usurious  loans. — A  per- 
son who  takes  security,  upon  any  household  furniture,  sewing  machines,  plate 
or  silverware  in  actual  use,  tools  or  implements  of  trade,  wearing  apparel  or 
jewelry,  for  a  loan  or  forbearance  of  money,  or  for  the  use  or  sale  of  his 
personal  credit,  conditioned  upon  the  payment  of  a  greater  rate  than  six 
per  centum  per  annum  or,  who  as  security  for  such  loan,  use  or  sale  of 
personal  credit  as  aforesaid,  makes  a  pretended  purchase  of  such  property 
from  any  person,  upon  the  like  condition,  and  permits  the  pledger  to  retain 
the  possession  thereof  is  guilty  of  a  misdemeanor. 

ASSIGNMENT    OF    WAGES, 

[There  are  two  statutes  dealing  with  assignment  of  wages  for  loans.  One  is 
section  42  of  the  Personal  Property  Law  which  is  of  general  application  to  all 
such  loans.  The  other  is  article  5-A  of  the  General  Business  Law  which  provides 
for  the  licensing  and  state  supervision  of  small  loan  brokers.  Both  are  reproduced 
below.  The  first  mentioned  is  not  restricted  in  its  application,  while  the  second  is 
limited  by  section  59-j.  As  will  be  seen  by  comparison,  the  regulations  as  to  assign- 
ment of  wages  differ  materially1  in  the  two  laws.] 

PERSONAL  PROPERTY  LAW,  CHAPTER  41  OF  THE  CONSOLIDATED  LAWS. 
§  42.  Regulating  loans  of  money  on  salaries.— 1.  Any  person  or  persons, 
firm,  corporation  or  company,  who  shall  after  the  passage  of  this  act,  make 
to  any  employee  an  advance  of  money,  or  loan,  on  account  of  salary  or  wages 
due  or  to  be  earned  in  the  future  by  such  individual,  upon  an  assignment 
or  note  covering  such  loans  or  advances,  shall  not  acquire  any  right  to  collect 
or  attach  the  same  while  in  the  possession  or  control  of  the  employer,  unless 
such  note  or  assignment  is  dated  on  the  same  day  on  which  such  loan  is 
actually  made,  and  unless  within  a  period  of  three  days  after  such  loan  and 
assignment  or  note  are  actually  made  the  party  making  such  loan  or  loans 
and  taking  such  assignment  or  notes  shall  have  filed  with  the  employer  or 
employers  of  the  individual  or  individuals  so  assigning  his  present  or  pros- 
pective salary  or  wages,  a  duly  authenticated  copy  of  such  agreement  or 
assignment  or  notes  under  which  the  claim  is  made.  The  day  of  making  a 
loan  or  advance  within  the  meaning  of  this  act  shall  be  deemed  to  be  the 
day  when  the  money  is  delivered  to  the  borrower,  and  the  subsequent  ex- 
ecution of  an  instrument  by  virtue  of  a  power  of  attorney  shall  not  be 
deemed  to  affect  the  time  of  the  actual  making  of  such  loan  of  advance. 

2.  No   action   shall   be   maintained   in   any   of   the   courts   of   this   state, 
brought  by  the  holder  of  any  such  contract,  assignment  or  notes,  given  by  an 
employee   for   moneys   loaned  on   account   of  salary   or  wages,   in  which  it 
is  sought  to  charge  in  any  manner  the  employer  or   employers,  unless  a 
copy  of  such  agreement,  assignment  or  notes,  together  with  a  notice  of  lien, 
was  duly  filed  with  the  employer  or  employers  of  the  person  making  such 
agreement,   assignment  or  notes,   by  the   person  or   persons,   corporation  or 
company  making  said  loan  within  three  days  after  the  said  loan  was  actually 
made  and  the  said  agreement,  assignment  or  notes  were  given  as  provided 
in  the  previous  section. 

3.  Every   person,   firm  or   corporation   engaged   in   or   seeking  to   engage 
in  the  business  of  loaning  money  upon  security  of  an  assignment  of  salary 


144*         EEPOET  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

or  wages  either  earned  or  to  be  earned  shall,  on  or  before  the  first  day  of 
July  next  ensuing  the  passage  of  this  act,  file  with  the  clerk  of  the  county 
in  which  said  person,  firm  or  corporation  has  its  place  of  business  or  trans- 
acts business  a  statement  under  oath  containing  the  name  and  residence  of 
the  individual;  or  in  case  of  a  firm,  the  names  and  residences  of  the 
partners;  or  in  the  case  of  a  corporation,  the  names  and  residences  of  the 
officers  and  directors,  managers  or  trustees  of  such  corporation;  and  the 
place  or  places  where  said  business  is  transacted  by  such  an  individual, 
firm  or  corporation.  After  July  the  first  next  ensuing  the  passage  of  this 
act  it  shall  be  unlawful  to  engage  in  the  business  of  loaning  money  in  the 
manner  set  forth  in  this  act  without,  prior  to  engaging  in  such  business, 
filing  a  statement  as  provided  in  this  act. 

4.  The    several    county    clerks   of   this   state    shall    keep    an    alphabetical 
index  of   all  persons,    firms   or   corporations   filing  certificates   provided    for 
herein,  and  for  the  indexing  and  filing  of  such  certificates,  they  shall  receive 
a  fee  of  twenty-five  cents.     A  copy  of  such  certificate,  duly  certified  to  by 
the  county   clerk  in  whose  office  the  same  was   filed,   shall   be   presumptive 
evidence  in  all  courts  of  law  in  this  state  of  the  facts  therein  contained. 

5.  After  the  passage  of  this  act,  no  persons  shall   directly  or   indirectly 
receive  or  accept  for  the  use  and  sale  of  his  personal  credit  or  for  making 
any   advance  or  loan  of  money,  either  wholly  or  partly   in  anticipation  of 
salary  or  wages  due  or  to  be  earned,   a  greater  sum  than   at  the  rate  of 
eighteen   per   centum   per   annum  on  the   amount  of   such   loan  or   advance, 
either  as  a  bonus,  interest  or  otherwise,  or  under  the  guise  of  a  charge  for 
investigating   the    status   of   a   person    applying   for    such    loan   or    advance, 
drawing  of  papers  or  other  service  in  connection  with  such  loan  or  advance, 
except   such   charges   as    are   now   permitted   by   section   three   hundred    and 
eighty   of   chapter    twenty-five   of   the   laws   of   nineteen    hundred   and   nine, 
known  as  the  "  general  business  law." 

6.  Every    person,    firm,    corporation,    director,    agent,    officer    or    member 
thereof  who  shall  violate   any  provision  of  this  act,   directly  or   indirectly, 
or  assent  to  such  violation,  shall  be  guilty  of  a  misdemeanor.     [As  am'd  by 
L.  Iflll,  ch.  62tf.'l 

See  also  §  13  of  the  Labor  Law,  ante. 

GENEBAL  BUSINESS  LAW,  CHAPTER  20  OF  CONSOLIDATED  LAWS. 
ARTICLE  5-A. 

[Added  6i/  L.  1913,  ch.  579.] 

Supervisor  of  Small  Loniis:  Business  of  Small  Loan  Brokers 
Regulated. 

Section  55.  Supervisor  of  small  loans. 

56.  License. 

57.  Bonds. 

58.  Issue  of  license. 

59.  License  fee ;  issuance  of  license. 

59-a.  Manner  and  place  of  transacting  business. 

59-b.  General  powers  and  duties  of  supervisor  respecting  licenses. 

59-c.  Loans. 

59-d.  Interest  on  loans ;  investigation  fees. 

59-e.  Regulations  respecting  the  making  of  loans. 

59-f.  Actions,  where  brought. 


LAWS  KELATING  TO  LABOK.  *  145 

Section  59-g.  Regulations   respecting  collection   of  loans. 
59-h.  Penalties. 

59-i.  False  statements  by  borrower. 
59-j.  Application  of  article. 
59-k.  Limitation  of  usury  law. 

§  55.  Supervisor  of  small  loans. —  The  office  of  supervisor  of  small  loans 
is  hereby  established.  The  supervisor  of  small  loans  shall  be  appointed  by 
the  governor  by  and  with  the  advice  and  consent  of  the  senate.  His  term  of 
office  shall  be  three  years.  His  salary  shall  be  five  thousand  dollars.  He 
may  appoint  and  at  pleasure  remove  a  deputy,  at  an  annual  salary  of  three 
thousand  dollars,  and  such  clerical  and  other  assistants  as  may  be  needed, 
within  the  amount  of  the  appropriation  therefor.  His  office  shall  be  deemed 
a  bureau  in  the  office  of  the  state  comptroller,  and  the  state  comptroller 
shall  assign  to  him  office  space  in  the  state  comptroller's  offices  at  Albany  and 
New  York  for  the  conduct  of  the  business  of  his  office. 

§  56.  License. —  Every  person,  firm  or  corporation  engaged  in  or  seeking 
to  engage  in  the  business  of  loaning  money  in  sums  of  two  hundred  dollars 
or  less  amounts  on  chattel  mortgage,  on  assignment  of  salary  or  wages,  either 
earned  or  to  be  earned,  or  promissory  note  or  confession  of  judgment,  shall 
procure  a  license  to  conduct  such  business  from  the  supervisor  of  small  loans. 
Such  license  shall  be  issued  only  upon  written  application  therefor,  stating 

1.  The  name  and  residence  of  the  individual,  or  in  case  of  a  firm,  the  name 
and  residence  of  each  of  the  partners,  or  in  case  of  a  corporation,  the  names 
and  residences  of  each  officer  and  director  of  such  corporation. 

2.  If  the  applicant  be  a  corporation,  the  date  and  place  of  its  incorporation, 
and  the  office  or  offices  in  which  its  certificate  of  incorporation  is  filed, 

3.  The  city,  town  or  village  in  which  it  is  proposed  to  transact  the  business 
and  the  location  by  street  and  number  of  the  office  or  place  of  business  in 
which  the  business  is  to  be  conducted. 

§  57.  Bonds. —  A  license  shall  not  be  issued  under  this  article,  unless  the 
applicant  shall  file  with  the  state  comptroller  a  bond  in  the  sum  of  three 
thousand  dollars,  if  the  applicant  desires  to  engage  in  business  in  a  city 
of  the  first  or  second  class,  and  if  elsewhere,  in  the  sum  of  one  thousand 
dollars,  executed  by  the  applicant  and  by  a  surety  company  approved  by  the 
supervisor  of  small  loans,  conditioned  for  the  faithful  and  honest  conduct  of 
such  business  by  the  applicant,  compliance  with  all  the  provisions  of  law 
relating  thereto,  and  the  prompt  payment  of  any  judgment  recovered  against 
him  for  which  he  may  be  liable  under  the  provisions  of  this  article. 

§  58.  Issue  of  license. —  Upon  the  receipt  of  such  application  and  the  filing 
of  such  bond  and  the  payment  of  the  license  fee  as  hereinafter  provided,  the 
supervisor  of  small  loans  shall  issue  a  license  for  the  transaction  of  such 
business  by  the  applicant.  If  the  applicant  be  a  nonresident,  or  a  partner- 
ship, at  least  one  of  the  members  of  which  does  not  reside  within  the  state, 
or  a  foreign  corporation,  such  license  shall  only  be  issued  upon  the  filing 
by  the  applicant  with  the  supervisor  of  small  loans  of  the  designation  of 
a  resident  agent  for  the  transaction  of  business  within  the  state.  The  action 
of  the  supervisor  of  small  loans  in  refusing  to  grant  or  renew  such  a  license 
shall  be  reviewable  by  certiorari.  After  sixty  days  from  the  date  this  article 
takes  effect,  no  person,  firm  or  corporation  shall  conduct  in  this  state  the 


146  *         REPORT  or  THE  COMMISSIONER  OF  LABOR,  1913. 

business  of  loaning  money  in  sums  of  two  hundred  dollars  or  less  on  chattel 
mortgage,  or  assignment  of  salary  or  wages,  either  earned  or  to  be  earned, 
on  promissory  notes,  or  on  confessions  of  judgment,  unless  such  license  shall 
have  been  procured  and  be  displayed  conspicuously  in  the  place  of  business 
of  such  individual  firm  or  corporation. 

§  5.*  License  fee;  issuance  of  license.  Upon  making  application  for  such 
license,  the  applicant  shall  pay  to  the  state  comptroller  a  license  fee  of  one 
hundred  dollars,  which  shall  be  paid  into  the  state  treasury.  Upon  the  fil- 
ing of  such  application  and  the  payment  of  such  fee,  the  supervisor  of  small 
loans  shall  issue  to  the  applicant  a  license  stating  fully  the  name  or  names 
of  the  persons  or  corporation,  and  of  every  member  of  the  firm  or  association 
authorized  to  do  business  thereunder,  the  location  of  the  office  of  the  corpora- 
tion or  place  of  business  in  which  the  business  is  to  be  conducted,  and  if  the 
licensee  be  a  corporation,  the  date  and  place  of  incorporation,  the  name  of 
the  president  or  other  managing  officer,  and  the  name  of  its  directors.  Every 
license  shall  expire  on  the  first  day  of  May  succeeding  the  date  of  issue 
thereof,  and  no  reduction  of  fee  shall  be  made  for  a  license  issued  for  less 
than  a  year. 

§  59-a.  Manner  and  place  of  transacting  business. —  No  person,  firm,  corpo- 
ration or  association  so  licensed  shall  transact  or  solicit  business1  under 
any  other  name  or  at  any  other  office  or  place  of  business  than  that  named 
in  the  license.  Not  more  than  one  office  or  place  of  business  shall  be  main- 
tained under  the  same  license,  and  no  loan  or  advance  shall  be  made  at  any 
other  place  than  that  designated  in  the  license.  If  it  be  desired  to  remove 
the  office  or  the  place  of  business  to  another  place  in  the  same  county  and 
in  the  same  city,  town  or  village,  the  supervisor  of  small  loans  shall,  on  ap- 
plication, indorse  on  the  license  a  transfer  to  the  new  office  or  place  of  busi- 
ness, with  the  date  of  such  transfer,  and  from  the  time  of  such  indorsement 
the  name  and  place  so  designated  shall  be  deemed  the  place  named  and  desig- 
nated in  the  license.  No  additional  fee  shall  be  exacted  for  such  indorsement. 

§  50-b.  General  powers  and  duties  of  supervisor  respecting  licenses.— The 
supervisor  of  small  loans  shall 

1.  Have  power  to  investigate  all  complaints  made  against  every  person, 
firm  or  corporation  licensed  pursuant  to  this  article,  for  the  purpose  of  as- 
certaining whether  the   laws  of  the   state  in  respect  to  the  transaction  of 
such  business  or  regulating  the  interest  chargeable  by  such  licenses  are  being 
complied  with; 

2.  Have  power  to  take  proof  and  testimony  in  relation  to  any  matter  sub- 
ject to  investigation  by  him; 

3.  Notify  the  proper  prosecuting  officer  of  violations  of  this  article  that 
come  to  his  attention,  and  act  as  complainant  in  the  prosecution  thereof; 

4.  Report  annually,  on  or  before  January  fifteenth,  to  the  state  comptroller, 
in  relation  to  the  conduct  of  his  office  during  the  preceding  calendar  year, 
stating  particularly  every  investigation  made  by  him  and  every  violation  of 
the  laws  of  the  state  that  shall  have  come  to  his  attention,  and  recommend- 
ing  such   legislation   as   he   deems   advisable   in   respect   to  the   business   of 
persons,  firms  and  corporations  subject  to  investigation  by  him. 

*  So  in  original.     Should  be  §  59. 


LAWS  KELATING  TO  LABOR.  *  147 

§  59-c.  Loans. —  A  person,  firm  or  corporation,  licensed  under  this  article, 
shall  not  make  a  single  loan  in  excess  of  the  amount  of  two  hundred  dollars, 
or  more  than  one  loan  to  any  individual,  firm  or  corporation,  unless  all  prior 
loans  made  to  such  individual,  firm  or  corporation  shall  have  been  paid  in 
full.  At  the  time  a  loan  is  actually  made,  the  person,  firm  or  corporation 
making  the  same  shall  deliver  to  the  borrower  a  duplicate  copy  of  every 
assignment,  promissory  note,  chattel  mortgage,  confession  of  judgment,  power 
of  attorney  or  other  paper  or  document  signed  by  the  borrower,  relating  to 
such  loan.  If  this  be  done  an  assignment  of  salary  or  wages  need  not  be 
filed  with  the  employer  or  employers  by  whom  such  salary  or  wages  is  to 
be  paid.  Upon  the  repayment  of  a  loan  in  full,  every  paper  signed  by  the 
borrower  shall  be  returned  to  the  borrower,  destroyed  in  his  presence,  or  his 
signature  torn  from  each  of  such  papers  and  returned  to  him.  No  assign- 
ment of  salary  or  wages  or  order  for  the  payment  thereof  shall  be  valid  for 
a  period  exceeding  one  year  from  the  making  of  such  assignment,  and  not 
exceeding  ten  per  centum  of  a  borrower's  monthly  salary  or  wages  shall  be 
collectible  under  such  an  assignment  or  order,  if  the  amount  of  the  loan 
be  not  paid  in  accordance  with  the  terms  thereof. 

§  59-d.  Interest  on  loans;  investigation  fees. —  No  person,  firm  or  corpora- 
tion licensed  under  this  article  shall,  directly  or  indirectly,  charge  or  receive 
for  the  use  and  sale  of  his  personal  credit  or  for  making  any  advance  or 
loan  of  money  either  wholly  or  partly  in  anticipation  of  salary  or  wages 
due  or  to  be  earned  whether  secured  by  a  bill  of  sale  or  assignment  of  salary 
or  wages,  power  of  attorney,  promissory  note,  confession  of  judgment  or  bona 
fide  chattel  mortgage,  a  greater  sum  than  at  the  rate  of  three  per  centum 
per  month  if  the  amount  of  the  loan  be  fifty  dollars  or  less;  two  and  one- 
half  per  centum  per  month  if  the  amount  of  the  loan  be  over  fifty  dollars 
and  not  more  than  one  hundred  dollars;  two  per  centum  per  month  if  the 
amount  of  the  loan  be  over  one  hundred  and  not  more  than  two  hundred 
dollars;  but  such  firm,  person  or  corporation  may  charge  a  fee  for  investi- 
gating the  status  of  an  applicant  for  such  loan  or  advance  to  establish  his 
credit  or  for  the  examination  of  valuation  of  property,  the  examination  of 
title,  drawing,  registration  and  recording  papers,  acknowledgments,  affidavits, 
insurance  or  any  other  expense  of  any  kind  connected  with  such  loan,  not 
exceeding  one  dollar  if  the  loan  or  advance  be  twenty-five  dollars  or  less,  not 
exceeding  one  dollar  and  fifty  cents  if  the  loan  or  advance  be  over  twenty- 
five  dollars  and  not  to  exceed  one  hundred  dollars,  not  to  exceed  two  dollars 
and  fifty  cents  if  the  loan  or  advance  be  over  one  hundred  dollars  and  not  to 
exceed  two  hundred  dollars.  If  after  investigation  an  application  for  loan 
be  rejected,  one-half  of  the  investigation  fee  shall  be  returned  to  the  applicant, 
upon  demand. 

§  59-e.  Regulations  respecting  the  making  of  loans. —  Interest  or  charges 
must  not  be  deducted  when  a  loan  is  made.  It  shall  not  be  lawful  in  any 
manner  or  under  any  pretense  whatever  to  divide  or  split  up  a  loan,  either 
directly  or  indirectly,  for  the  purpose  of  exacting  or  receiving  any  charge, 
cost  or  expense  of  any  kind  in  addition  to  or  in  excess  of  that  authorized  by 
this  article. 

§  59-f.  Actions,  where  brought. —  An  action  brought  to  enforce  a  contract, 
assignment  or  a  note,  given  by  a  borrower  for  money  loaned  by  licensee  under 


148*         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

this  article  shall  be  brought  within  the  county  wherein  the  loan  was  made 
and  the  money  was  actually  received  by  the  borrower,  and  any  confession 
of  judgment  taken  as  security  may  be  filed  only  in  the  county  wherein  it 
is  certified. 

§  59-g.  Regulations  respecting  collection  of  loans.—  Any  person  or  persons, 
firm,  corporation  or  association,  who  shall,  after  this  article  takes  effect, 
make  to  any  employee  an  advance  of  money,  or  loan,  on  account  of  salary 
or  wages  due  or  to  be  earned  in  the  future  by  such  individual  upon  an  as- 
signment or  sale  of  salary,  promissory  note  or  other  written  instrument  cover- 
ing such  loan  or  advance,  shall  not  acquire  any  right  to  collect  or  attach 
the  same  while  in  the  possession  or  control  of  the  employer  unless  such  as- 
signment or  sale  of  salary,  promissory  note  or  other  written  instrument  be 
dated  on  the  same  day  on  which  such  loan  is  actually  made  and  such  person 
or  persons,  firm,  corporation  or  association  is  licensed  under  this  article. 

§  59-h.  Penalties. —  Any  violation  of  this  article  shall  be  a  misdemeanor 
punishable  by  a  fine  not  to  exceed  one  hundred  dollars  and  any  loan  or  loans 
made  in  connection  with  such  violation  shall  be  void  and  unenforceable.  If 
a  licensee  be  convicted  of  a  second  offense  his  license  shall  be  deemed  revoked 
from  the  date  of  such  conviction,  and  any  loan  or  loans  made  in  connection 
with  such  second  violation  shall  be  void  and  unenforceable  and  another 
license  shall  not  be  issued  to  the  same  person,  firm  or  corporation  within 
one  year.  The  discounting  or  indorsing  o£  notes  by  a  person,  firm  .or  cor- 
poration, not  exempt  from  the  provisions  of  this  article,  engaged  in  such 
business  without  a  license,  or  receiving  or  exacting  a  greater  interest,  charge, 
fee  or  remuneration  than  six  per  centum  on  loans  of  less  than  two  hundred 
dollars  shall  be  deemed  an  evasion  of  the  provisions  of  this  article  and  con- 
stitute a  misdemeanor,  punishable  by  a  fine  of  not  more  than  one  hundred 
dollars,  and  any  such  loan  or  loans  made  in  connection  therewith  shall  be 
void  and  unenforceable.  A  loan  or  advance  upon  security  of  an  assignment 
of  salary  or  wages  either  earned  or  to  be  earned,  or  made  on  chattels,  promis- 
sory note,  bill  of  sale  or  confession  of  judgment  after  the  sixtieth  day  from 
the  date  when  this  article  takes  effect  by  any  person,  firm  or  corporation, 
engaged  in  the  business  of  loaning  money  in  sums  less  than  two  hundred 
dollars,  at  a  rate  exceeding  the  legal  rate  of  six  per  centum  per  annum  shall 
be  null  and  void,  unless  such  person,  firm  or  corporation  shall  have  procured 
a  license  as  required  by  this  article;  and  such  unlicensed  money  lender  shall 
forfeit  both  the  principal  and  the  interest  on  such  loan  or  advance. 

§  59-i.  False  statements  by  borrower.— If  an  applicant  for  a  loan  or 
advance  from  a  licensee  under  this  article  makes  a  false  statement  in  writing 
to  the  licensee  in  reference  to  the  amount  of  salary  or  wages  received  by 
him  or  in  reference  to  his  title  to  personal  property  mortgaged  to  secure 
such  loan  or  advance,  he  shall  be  guilty  of  a  misdemeanor,  punishable  by 
a  fine  of  not  more  than  one  hundred  dollars,  or  six  months'  imprisonment 
or  both. 

§  59-j.  Application  of  article.— This  article  shall  not  apply  to  licensed  pawn- 
brokers, nor  to  personal  loan  associations  authorized  to  transact  business 
under  article  ten  of  the  banking  law,  nor  to  individual  or  private  bankers, 
or  corporations  incorporated  under  or  subject  to  the  banking  law,  nor  to 
any  transactions  with  such  bankers  or  corporations,  nor  to  loans  made  by 


LAWS  KELATLNG  TO  LABOK.  *  149 

manufacturers    or    merchants    to    their    customers    and    secured    by    chattel 
mortgages  or  conditional  sale  agreement. 

§  59-k.  Limitation  of  usury  law.— The  provisions  of  any  other  statute 
limiting  the  amount  chargeable  for  the  loan  or  forbearance  of  money  or  loan 
of  credit,  or  prescribing  the  punishment  for  exacting,  demanding  or  re- 
ceiving usurious  interest  shall  not  apply  to  any  person,  firm  or  corporation 
licensed  under  this  article. 

ORDINARY  EXEMPTIONS  NOT  VALID   AGAINST  WAGE   DEBTS. 

LAWS  OF  1902,  CHAPTER  580. 
AN  ACT   in  relation  to  the  municipal  court   of  the  city  of  New  York,  jits 

officers  and  marshals. 

§  274.  Judgment  in  favor  of  wage  earners.— In  an  action,  brought  in  the 
municipal  court,  by  a  journeyman,  laborer,  or  other  employee  whose  employ- 
ment answered  to  the  general  description  of  wage  earner,  for  services  ren- 
dered or  wages  earned  in  such  capacity,  if  the  plaintiff  recovers  a  judgment  for 
a  sum  not  exceeding  fifty  dollars,  exclusive  of  costs,  and  the  action  shall  have 
been  brought  within  two  months  after  the  cause  of  action  accrued,  no  property 
of  the  defendant  is  exempt  from  levy  and  sale  by  virtue  of  an  execution 
against  property,  issued  thereupon;  and,  if  such  an  execution  is  returned 
wholly  or  partly  unsatisfied,  the  clerk  must,  upon  the  application  of  the 
plaintiff,  issue  an  execution  against  the  person  of  the  defendant  for  the  sum 
remaining  uncollected,  if  the  indorsement  required  by  this  act  to  the  effect 
that  defendant  was  liable  to  arrest  was  complied  with.  A  defendant  arrested 
by  virtue  of  an  execution  so  issued  against  his  person,  must  be  actually 
confined  in  the  jail,  and  is  not  entitled  to  the  liberties  thereof;  but  he  must 
be  discharged  after  having  been  so  confined  for  fifteen  days.  After  his  dis- 
charge another  execution  against  his  person  cannot  be  issued  upon  the  judg- 
ment, but  the  judgment  creditor  may  enforce  the  judgment  against  property 
as  if  the  execution,  from  which  the  judgment  debtor  is  discharged,  has  been 
returned,  without  his  being  taken.  [As  am'd  by  L.  1907,  ch.  425.] 

MAKING  EMPLOYEES  PREFERRED  CREDITORS. 

DEBTOR  AND  CREDITOR  LAW,  CHAPTER  12  OF  THE  CONSOLIDATED  LAWS. 

§  27.  Wages  preferred  claims. —  In  all  distribution  of  assets  under  all 
assignments  made  in  pursuance  of  this  article,  the  wages  or  salaries  actually 
owing  to  the  employees  of  the  assignor  or  assignors  at  the  time  of  the  execu- 
tion of  the  assignment  for  services  rendered  within  one  year  prior  to  the 
execution  of  the  assignment,  shall  be  preferred  before  any  other  debt;  and 
should  the  assets  of  the  assignor  or  assignors  not  be  sufficient  to  pay  in  full 
all  the  claims  preferred,  pursuant  to  this  section,  they  shall  be  applied  to  the 
payment  of  the  same  pro  rata  to  the  amount  of  each  such  claim. 

Cf.  §  9  of  the  Labor  Law,  "  Payment  of  wages  by  receivers,"  ante;  and  the 
Lien  Law,  ch.  38  of  the  Consolidated  Laws. 

The  statute  is  constitutional :     104  N.  Y.  606. 

LIABILITY  OF   STOCKHOLDERS   FOR  WAGE   DEBTS. 
STOCK  CORPORATION  LAW,  CHAPTER  59  OF  THE  CONSOLIDATED  LAWS. 
§  56.  Liabilities  of  stockholders. —  Every  holder  of  capital  stock  nat  fully 
paid,  in  any  stock  corporation,  shall  be  personally  liable  to  its  creditors,  to 


150*         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

an  amount  equal  to  the  amount  unpaid  on  the  stock  held  by  him  for  debts 
of  the  corporation  contracted  while  such  stock  was  held  by  him.  As  to 
existing  corporations  the  liability  imposed  by  this  section  shall  be  in  lieu 
of  the  liability  imposed  upon  stockholders  of  any  existing  corporation,  under 
any  general  or  special  law,  excepting  laws  relating  to  moneyed  corporations, 
and  corporations  and  associations  for  banking  purposes,  on  account  of  any 
indebtedness  hereafter  contracted  or  any  stock  hereafter  issued;  but  nothing 
in  this  section  contained  shall  create  or  increase  any  liability  of  stockholders 
of  any  existing  corporation  under  any  general  or  special  law. 

§  57.  Liabilities  of  stockholders  to  laborers,  servants  or  employees. —  The 
stockholders  of  every  stock  corporation  shall  jointly  and  severally  be  per- 
sonally liable  for  all  debts  due  and  owing  to  any  of  its  laborers,  servants 
or  employees  other  than  contractors,  for  services  performed  by  them  for  such 
corporation.  Before  such  laborer,  servant  or  employee  shall  charge  such 
stockholder  for  such  services,  he  shall  give  him  notice  in  writing,  within 
thirty  days  after  the  termination  of  such  services,  that  he  intends  to  hold 
him  liable,  and  shall  commence  an  action  therefor  within  thirty  days  after 
the  return  of  an  execution  unsatisfied  against  the  corporation  upon  a  judg- 
ment recovered  against  it  for  services. 

§  58.  Non-liability  in  certain  cases.— No  person  holding  stock  in  any  cor- 
poration as  collateral  security,  or  as  executor,  administrator,  guardian  or 
trustee,  unless  he  shall  have  voluntarily  invested  the  trust  funds  in  such 
stock,  shall  be  personally  subject  to  liability  as  a  stockholder;  but  the  per- 
son pledging  such  stock  shall  be  considered  the  holder  thereof  .and  shall  be 
liable  as  stockholder,  and  the  estates  and  funds  in  the  hands  of  such  executor, 
administrator,  guardian  or  trustee  shall  be  liable  in  the  like  manner  and 
to  the  same  extent  as  the  testator  or  intestate,  or  the  ward  or  person 
interested  in  such  trust  fund  would  have  been,  if  he  had  been  living  and 
competent  to  act  and  held  the  same  stock  in  his  own  name,  unless  it  appears 
that  such  executor,  administrator,  guardian  or  trustee  voluntarily  invested 
the  trust  funds  in  such  stocks,  in  which  case  he  shall  be  personally  liable  as 
a  stockholder. 

LIABILITY  OF  RAILROAD  CORPORATIONS  TO  EMPLOYEES   OF  CONTRACTORS 

FOR    WAGE    DEBTS. 

RAILBOAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 
§  50.  Liability  of  corporation  to  employees  of  contractor. — An  action  may 
be  maintained  against  any  railroad  corporation  by  any  laborer  for  the 
amount  due  him  from  any  contractor  for  the  construction  of  any  part  of  its 
road,  for  ninety  or  any  less  number  of  days'  labor  performed  by  him  in  con- 
structing such  road,  if  within  twenty  days  thereafter  a  written  notice  shall 
have  been  served  upon  the  corporation,  and  the  action  shall  have  been  com- 
menced after  the  expiration  of  ten  days  and  within  six  months  after  the 
service  of  such  notice,  which  shall  contain  a  statement  of  the  month  and 
particular  days  upon  which  the  labor  was  performed  and  for  which  it  was 
unpaid,  the  price  per  day,  the  amount  due,  the  name  of  the  contractor  from 
whom  due,  and  the  section  upon  which  performed,  and  shall  be  signed  by 
the  laborer  or  his  attorney  and  verified  by  him  to  the  effect  that  of  his  own 
knowledge  the  statements  contained  in  it  are  true.  The  notice  shall  be 


LAWS  RELATING  TO  LABOR.  *  151 

served  by  delivering  the  same  to  an  engineer,  agent  or  superintendent  having 
charge  of  the  section  of  the  road,  upon  which  the  labor  was  performed,  per- 
sonally, or  by  leaving  it  at  his  office  or  usual  place  of  business  with  some 
person  of  suitable  age  or  discretion;  and  if  the  corporation  has  no  such  agent, 
engineer  or  superintendent,  or  in  case  he  can  not  be  found  and  has  no  place 
of  business  open,  service  may  in  like  manner  be  made  on  any  officer  or 
director  of  the  corporation. 

S«e  further  Lien  Law,  §  6,  "  Liens  for  labor  on  railroad  "  ;  also  §  145  of  the 
Canal  Law  providing  security  for  wages  of  laborers  on  canals,  post. 

Laborers  employed  by  sub-contractors  are  protected  by  this  act  (42  Hun  53). 

NO    COURT    FEES    REQUIRED    IN   CERTAIN   SUITS    FOR    WAGES. 

LAWS  OF  1902,  CHAPTER  580. 

AN  ACT  in   relation   to  the  municipal  court  of   the  city  of  New  York,  its 

officers  and  marshals. 

§  44.  Where  employee  is  party. —  When  an  action  is  brought  by  an  em- 
ployee against  an  employer  for  services  performed  by  such  employee,  male  or 
female,  the  clerk  of  the  said  municipal  court  in  the  district  in  which  the 
action  is  brought,  shall  issue  a  free  summons  when  the  plaintiff's  demand  is 
less  than  fifty  dollars  and  the  plaintiff  is  a  resident  of  the  city  of  New  York, 
and  proof  by  the  plaintiff's  own  affidavit  that  he  has  a  good  and  meritorious 
cause  of  action  and  of  the  nature  of  such  action  and  of  said  plaintiff's  resi- 
dence, and  whether  previous  application  therefor  has  been  made,  shall  be  duly 
presented  to  and  filed  with  the  clerk  of  the  municipal  court  where  such  action 
shall  be  brought  and  he  shall  not  demand  or  receive  any  fee  whatsoever  from 
the  plaintiff  or  his  agents  or  attorneys  in  such  action,  unless  the  plaintiff 
shall  demand  a  trial  jury,  in  which  case  the  plaintiff  must  pay  to  the  clerk 
of  the  municipal  court  where  such  action  shall  be  pending  the  sum  of  four 
dollars  and  fifty  cents. 

§  340.  Costs  in  action  by  working  woman. —  In  an  action  brought  to  re« 
cover  a  sum  of  money  for  wages  earned  by  a  female  employee,  other  than  a 
domestic  servant;  or  for  material  furnished  by  such  an  employee,  in  the 
course  of  her  employment,  or  in  or  about  the  subject-matter  thereof,  or  for 
both,  the  plaintiff,  if  entitled  to  costs,  may,  in  the  discretion  of  the  court,  be 
allowed  the  sum  of  ten  dollars  as  costs,  in  addition  to  the  costs  allowed  in 
this  court,  unless  the  amount  of  damages  recovered  is  less  than  ten  dollars; 
in  which  case,  the  plaintiff  may,  in  the  discretion  of  the  court,  be  allowed 
the  sum  of  five  dollars  as  such  additional  costs.  When  the  employee  is  the 
plaintiff  in  such  an  action,  she  is  entitled  upon  a  settlement  thereof,  to  the 
full  amount  of  costs,  which  she  would  have  recovered,  if  judgment  had  been 
rendered  in  her  favor,  for  the  sum  received  by  her  upon  the  settlement. 
[As  am'd  ly  L.  1912,  ch.  468.] 

§  348.  Employee's  action;  no  fees. —  When  the  action  is  brought  by  an 
employee  against  an  employer  for  services  performed  by  such  employee,  male 
or  female,  the  clerks  of  this  court  shall  not  demand  or  receive  any  fees  what- 
soever from  the  plaintiff  or  his  agents  or  attorneys  in  such  action,  if  the 
plaintiff  shall  present  proof  by  his  own  affidavit  that  his  demand  is  less  than 
fifty  dollars,  that  he  is  a  resident  of  the  city  of  New  York,  that  he  has  a 
good  and  meritorious  cause  of  action  against  the  defendant,  and  the  nature 


152  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

thereof;  that  he  has  made  either  a  written  or  a  personal  demand  upon  the 
defendant  or  his  agent  or  representative,  for  payment  thereof,  and  that  pay- 
ment was  refused.  Except  that  if  the  plaintiff  shall  demand  a  trial  by  jury, 
he  must  pay  to  the  clerk  the  fees  therefor  prescribed  in  this  act. 

Sec.  274  of  the  Municipal  Code  provides  for  body  executions  against  employers 
whose  property  is  insufficient  to  satisfy  judgments  in  wage  suits.  (See  "  Ordinary 
exemptions  not  valid  against  wage  debts,"  ante.) 

MARRIED  WOMAN'S  RIGHT  OF  ACTION  FOR  WAGES,  ETC. 
DOMESTIC  RELATIONS  LAW,  CHAPTER  14  OF  THE  CONSOLIDATED  LAWS. 
§  60.  Married  woman's  right  of  action  for  wages. — A  married  woman  shall 
have  a  cause  of  action  in  her  own  sole  and  separate  right  for  all  wages, 
salary,  profits,  compensation  or  other  remuneration  for  which  she  may  ren- 
der work,  labor  or  services,  or  which  may  be  derived  from  any  trade,  busi- 
ness or  occupation  carried  on  by  her,  and  her  husband  shall  have  no  right 
df  action  therefor  unless  she  or  he  with  her  knowledge  and  consent  has  other- 
wise expressly  agreed  with  the  person  obligated  to  pay  such  wages,  salary, 
profits,  compensation  or  other  remuneration.  In  any  action  or  proceeding  in 
which  a  married  woman  or  her  husband  shall  seek  to  recover  wages,  salary, 
profits,  compensation  or  other  remuneration  for  which  such  married  woman 
has  rendered  work,  labor  or  services  or  which  was  derived  from  any  trade, 
business  or  occupation  carried  on  by  her  or  in  which  the  loss  of  such  wages, 
salary,  profits,  compensation  or  other  remuneration  shall  be  an  item  of 
damage  claimed  by  a  married  woman  or  her  husband,  the  presumption  of 
law  in  all  such  cases  shall  be  that  such  married  woman  is  alone  entitled 
thereto,  unless  the  contrary  expressly  appears.  This  section  shall  not  affect 
any  right,  cause  of  action  or  defense  existing  prior  to  May  seventeenth, 
nineteen  hundred  and  five. 


PUBLIC  WORK  AND  CONTRACTS. 

[Besides  sections  3  and  14  of  the  Labor  Law,  ante,  there  is  on  the  statute  boots  a 
large  body  of  laws  for  the  regulation  of  wages,  hours,  etc.,  of  persons  employed  on 
public  work.  Of  this  legislation  only  a  few  examples  can  be  reproduced  in  this 
compilation.  In  addition  to  the  statutes  respecting  employees  of  state  prisons 
and  armories,  the  Insanity  Law  (ch.  27  of  the  Consolidated  Laws)  contains  an 
extremely  detailed  schedule  of  wages  and  salaries  (cf.  Report  of  the  Commissioner 
01'  Labor,  1904,  p.  105).  Of  the  numerous  laws  fixing  the  terms  of  employment 
of  municipal  employees,  again,  only  one  example  is  here  printed  —  that  of  the  street 
cleaners  of  New  York  City.  Nearly  every  city  charter  contains  provisions  as  to 
the  hours  of  work,  compensation,  etc.,  of  policemen,  firemen,  and  other  employees, 
while  the  larger  cities  have  established,  through  action  of  the  Legislature,  retire- 
ment funds  or  service  pensions.  An  example  of  the  latter  may  be  seen  in  the  pro- 
vision for  street  cleaners'  pensions  in  New  York  City  given  below.  Such  privileges 
are  deemed  to  counterbalance  the  loss  of  certain  constitutional  rights  upon  entrance 
in  the  public  service ;  firemen,  for  example,  having  no  right  to  become  members  of 
an  association  that  has  for  its  object  the  influencing  of  legislation  (People  ex  rel. 
Clifford  v.  Scannell,  74  App.  Div.  406).  The  validity  of  this  legislation  has  never 
been  successfully  challenged,  so  far  as  it  relates  to  direct  employment  by  public 
authorities.  Public  work  done  by  contract,  however,  has  been  distinguished  by  the 
courts  from  work  done  by  the  employees  of  public  authorities,  but  the  amendment 
of  the  Constitution  of  1905  brought  such  work  under  the  authority  of  legislative 
enactment.] 

EMPOWERING   THE   LEGISLATURE   TO   REGULATE   THE   CONDITIONS    OF  EM- 
PLOYMENT   ON  PUBLIC  WOAK, 

CONSTITUTION  OF  THE  STATE  OF  NEW  YORK,  ARTICLE  XII. 
Section  1.  It  shall  be  the  duty  of  the  Legislature  to  provide  for  the  organi- 
zation of  cities  and  incorporated  villages,  and  to  restrict  their  power  of  taxa- 
tion, assessment,  borrowing  money,  contracting  debts,  and  loaning  their  credit, 
so  as  to  prevent  abuses  in  assessments  and  in  contracting  debt  by  such 
municipal  corporations;  and  the  Legislature  may  regulate  and  fix  the  wages 
or  salaries,  the  hours  of  work  or  labor,  and  make  provision  for  the  pro- 
tection, welfare  and  safety  of  persons  employed  by  the  State  or  by  any 
county,  city,  town,  village  or  other  civil  division  of  the  State,  or  by  any  con- 
tractor or  sub-contractor  performing  work,  labor  or  services  for  the  State, 
or  for  any  county,  city,  town,  village  or  other  civil  division  thereof.  [As 
amended  in  1905.] 

LABORERS   EMPLOYED    IN   THE    STATE   SERVICE. 

CIVIL  SERVICE  LAW,  CHAPTER  7  OF  THE  CONSOLIDATED  LAWS. 

§  10.  Rules  for  the  classified  state  service.  *  *  *  No  examination  or 
registration  shall  be  required  of  persons  to  be  employed  as  laborers  in  the 
state  service.  ********** 

Cf.  §  18  below,  requiring  registration  of  laborers  for  municipal  employment. 

SEMI-MONTHLY  PAYMENT   OF  WAGES  TO  STATE  EMPLOYEES, 

STATE  FINANCE  LAW,  CHAPTER  56  OF  THE  CONSOLIDATED  LAWS. 
§  2- a.  The  salaries  of  all  officers  of  the  state,  and  the  wages  of  all  em- 
ployees  thereof   shall  be   due   from   and   payable   by   the   state   twice  each 
month,  on  the  first  and  sixteenth  days  thereof,  except  where  such  days  fall 
upon  Sunday  or  a  legal  holiday  when   such  payments   shall  be  made  upon 

[153] 


154  *      KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

the  succeeding  business  day.  Said  salaries  and  wages  shall  be  subject  to 
all  the  provisions  of  section  thirteen  hundred  and  ninety-one  of  the  code  of 
civil  procedure  applicable  to  any  wages,  debts,  earnings  or  salary,  as  if  the 
state  and  the  said  wages  and  salary  due  and  payable  by  it  had  been  par- 
ticularly designated  therein.  The  provisions  of  this  section  shall  be  deemed 
to  supersede  any  other  provision  of  this  chapter  or  of  any  general  or  special 
law  inconsistent  herewith.  [Added  by  L.  ID  10,  ch.  317.] 

FIXING  THE   COMPENSATION  OF  EMPLOYEES   OF  STATE  PRISONS. 

PBISON  LAW,  CHAPTEB  43  OF  THE  CONSOLIDATED  LAWS. 
§  114.  Compensation  of  other  officers. —  The  superintendent  of  state  prisons 
shall,  from  time  to  time,  prescribe  the  compensation  of  the  other  officers  of 
said  prisons,  but  the  compensation  so  fixed  and  prescribed  for  the  following 
officers  in  each  of  such  prisons  shall  not  in  any  case  exceed  the  rate  of  an 
annual  salary,  as  follows:  To  the  principal  keeper,  two  thousand  dollars; 
to  the  kitchen-keeper,  store-keeper,  hall-keeper,  yard-keeper  and  sergeant  of 
the  guard,  each  twelve  hundred  dollars;  to  the  state  detective  at  Sing  Sing 
prison,  eighteen  hundred  dollars.  The  compensation  of  guards  and  attendants 
in  prison  hospitals  shall  be  as  follows:  For  the  first  year's  service,  eight 
hundred  dollars;  for  the  second  year's  service,  nine  hundred  dollars;  for  the 
third  year's  service,  ten  hundred  dollars;  for  the  fourth  year's  service,  eleven 
hundred  dollars;  for  the  fifth  year's  service,  and  thereafter,  twelve  hundred 
dollars.  [As  am'd  by  L.  1912,  ch.  50.] 

LABOEEES    AND    MECHANICS    IN    STATE    AEMOEIES. 

MILITABY  LAW,  CHAPTER  36  OF  THE  CONSOLIDATED  LAWS. 

§  189.  Compensation  of  employees  in  armories. —  The  persons  appointed 
under  the  provisions  of  the  two  preceding  sections  shall  receive  compensation 
for  the  time  actually  and  necessarily  employed  in  their  duties,  to  be  fixed 
by  the  officer  appointing  such  persons  as  follows:  When  employed  in  ar- 
mories or  arsenals,  armorers,  janitors,  electricians  and  engineers  not  to  ex- 
ceed four  dollars  per  day.  An  armorer,  janitor,  electrician,  engineer  or 
laborer  appointed  by  the  commanding  officer  of  an  organization  located  in  a 
city  who  under  orders  duly  issued  by  such  officer  performs  the  whole  or  any 
part  of  his  duties  outside  the  limits  of  such  city  shall  receive  the  compensa- 
tion provided  for  an  armorer,  janitor,  electrician,  engineer  or  laborer  em- 
ployed in  an  armory,  located  in  such  city ;  laborers  not  to  exceed  three  dollars 
per  day.  An  armorer  employed  in  an  arsenal  or  armory  having  two  hundred 
thousand  or  more  square  feet  of  floor  surface^  and  occupied  by  a  regiment 
may  in  the  discretion  of  the  officer  appointing,  receive  compensation  not  to 
exceed  five  dollars  per1  day.  The  chief  engineer  in  an  armory  having  over 
two  hundred  thousand  square  feet  of  floor  surface  occupied  by  a  regiment 
and  lighted  by  electricity  produced  .by  machinery  operated  within  such 
armory,  may  receive  not  to  exceed  five  dollars  per  day.  The  compensation, 
as  certified  to  by  the  officer  appointing  such  persons,  under  the  provisions  of 
the  two  preceding  sections,  shall  be  paid  semi-monthly  upon  the  certificate  of 
such  officer,  and  shall  in  counties  outside  the  city  of  New  York  be  a  charge 
upon  the  counties  constituting  the  brigade  district  and  within  the  city  of 
New  York  upon  the  county  in  which  such  armory  or  arsenal  is  situated; 


LAWS  RELATING  TO  LABOR.  *  155 

and  shall  be  levied,  collected  and  paid  in  the  same  manner  as  other  brigade 
district  or  county  charges  are  levied,  collected  and  paid.  A  commis- 
sioned officer  in  active  service  shall  not  be  eligible  for  appointment  to,  and 
shall  not  hold  the  position  of  armorer,  janitor,  electrician,  engineer  or  laborer 
in  any  armory  or  arsenal.  The  appointing  officer  shall  grant  to  each  em- 
ployee a  vacation  of  fourteen  days  per  year  with  pay.  [As  am'd  ~by  L.  1911, 
ch.  102,  L.  1912,  ch.  242  and  L.  1913,  ch.  558.] 

REGISTRATION   OF   LABORERS   FOR   MUNICIPAL   EMPLOYMENT. 

THE  CIVIL  SERVICE  LAW,  CHAPTEE  7  OF  T>HE  CONSOLIDATED  LAWS. 
§  18.  The  labor  class  in  cities. —  The  labor  class  in  cities  shall  include 
unskilled  laborers  and  such  skilled  laborers  as  are  not  included  in  the  com- 
petitive class  or  the  noncompetitive  class.  Vacancies  in  the  labor  class  in 
cities  shall  be  filled  by  appointment  from  lists  of  'applicants  registered  by 
the  municipal  commissions.  Preference  in  employment  from  such  lists  ^hall 
be  given  according  to  date  of  application.  There  shall  be  separate  lists  of 
applicants  fo<r  different  kinds  of  labor  or  employment,  .and  the  commissions 
may  establish  separate  labor  lists  for  various  institutions  and  departments. 
Where  the  labor  service  of  any  department  or  institution  extends  to  sepa- 
rate localities,  the  commis'sions  may  provide  separate  registration  lists  for 
each  district  or  locality.  The  commissions  shall  require  an  applicant  for 
registration  for  the  labor  service  to  furnish  such  evidence  or  pass  such  exam- 
ination as  they  may  deem  proper  with  respect  to  his  age,  residence,  physical 
condition,  ability  to  labor,  skill,  capacity  and  experience  in  the  trade  or  em- 
ployment for  which  he  applies. 

Veterans  of  the  Civil  War,  who,  under  the. terms  of  the  Constitution  (Art.  V,  §  9)  are 
entitled  to  preference  in  the  civil  service  "without  regard  to  their  standing,"  are  to  be  placed 
at  the  head  of  registration  lists  as  though  their  application  had  been  filed  prior  to  those  of 
persons  not  entitled  to  preference  (§  21  of  the  Civil  Service  Law). 

FIXING  WAGES  AND    SALARIES    OF   EMPLOYEES   OF   THE   STREET   CLEANING 
DEPARTMENT.    NEW  YORK  CITY. 

THE  REVISED  CHAETEB  (LAWS  OF  1901,  CHAPTER  466). 
§  536.  The  members  of  the  department  of  street  cleaning  shall  be  divided 
into  two  general  classes,  to  be  designated,  respectively,  the  clerical  force  and 
the  uniformed  force.  The  clerical  force  shall  consist  of  a  chief  clerk,  medical 
examiners,  not  exceeding  three  in  number,  and  such  and  so  many  clerks  and 
messengers  as  the  commissioner  of  street  cleaning  shall  deem  necessary. 
The  uniformed  force  shall  be  appointed  by  the  commissioner  of  street  clean- 
ing, and  shall  consist  of  one  general  superintendent,  one  assistant  superin- 
tendent, one  superintendent  of  final  disposition,  one  assistant  superintendent 
of  final  disposition,  district  superintendents,  not  exceeding  twenty-one  in 
number;  time  collectors,  not  exceeding  eight  in  number;  section  foremen, 
not  exceeding  one  hundred  and  twenty-five  in  number;  dump  inspectors,  not 
exceeding  forty-three  in  number;  assistant  dump  inspectors,  not  exceeding 
forty-three  in  number;  sweepers,  not  exceeding  thirty-one  hundred  in  num- 
ber; dump  boardmen,  not  exceeding  forty-three  in  number;  drivers,  not  ex- 
ceeding sixteen  hundred  in  number;  stable  foremen,  not  exceeding  twenty- 
one  in  number;  assistant  stable  foremen,  not  exceeding  twenty-one  in 


156  *      KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

number;  hostlers,  not  exceeding  one  head  hostler  to  each  stable  and 
additional  hostlers  not  exceeding  one  for  each  ten  horses;  a  master 
mechanic  and  such  and  so  many  mechanics  and  helpers  as  may  be 
necessary.  The  commissioner  of  street  cleaning  shall  have  power  and  is 
hereby  authorized  to  increase  the  said  uniformed  force,  from  time  to  time, 
by  adding  to  the  number  of  sweepers,  drivers  and  hostlers  provided  the 
board  of  estimate  and  apportionment  and  the  board  of  aldermen  shall  have 
previously  made  an  appropriation  for  the  purpose  of  permitting  such  in- 
crease. The  annual  salaries  and  compensations  of  the  members  of  the  uni- 
formed force  of  the  department  of  street  cleaning  shall  not  exceed  the  fol- 
lowing: Of  the  general  superintendent,  three  thousand  dollars;  of  the  as- 
sistant superintendent,  two  thousand  five  hundred  dollars;  of  the  master 
mechanic,  one  thousand  eight  hundred  dollars;  of  the  superintendent  of  final 
disposition,  two  thousand  dollars;  of  the  assistant  superintendent  of  final 
disposition,  one  thousand  five  hundred  dollars;  of  the  district  superin- 
tendents, one  thousand  eight  hundred  dollars  each;  of  the  time  collectors, 
one  thousand  two  hundred  dollars  each;  of  the  section  foremen,  one  thousand 
two  hundred  dollars  each;  of  sweepers  or  drivers  acting  as  assistants  to 
the  section  or  stable  foremen,  nine  hundred  dollars  each;  of  the  dump  in- 
spectors, one  thousand  two  hundred  dollars  each;  of  the  assistant  dump  in- 
spectors, nine  hundred  dollars  each;  of  the  dump  boardmen,  seven  hundred 
and  twenty  dollars  each;  of  the  sweepers,  seven  hundred  and  twenty  dollars 
each;  of  the  drivers,  seven  hundred  and  twenty  dollars  each;  of  the  stable 
foremen,  one  thousand  three  hundred  dollars  each;  of  the  assistant  stable 
foremen,  one  thousand  dollars  each ;  of  the  hostlers,  seven  hundred  and  twenty 
dollars  each.  Hostlers  may  receive  extra  pay  for  Sundays  if  an  appropria- 
tion therefor  «is  made  by  the  board  of  estimate  and  apportionment.  The 
members  of  the  department  of  street  cleaning  shall  be  employed  at  all  such 
times  and  during  such  hours  and  upon  such  duties  as  the  commissioner  of 
street  cleaning  shall  direct  for  the  purpose  of  an  effective  performance  of  the 
work  devolving  upon  the  said  department.  In  case  of  a  snow  fall  or  other 
emergency,  the  commissioner  of  street  cleaning  or  the  deputy  commissioner 
may  hire  and  employ  temporarily  such  and  so  many  men,  carts  and  horses 
as  shall  be  rendered  necessary  by  such  emergency,  forthwith  reporting  such 
action  with  the  full  particulars  thereof  to  the  mayor,  but  no  man,  cart  or 
horse,  shall  be  so  hired  or  employed  for  a  longer  period  than  three  day?, 
except  that  any  person  registered  or  eligible  to  appointment  as  a  driver,  or 
as  a  sweeper,  may  be  temporarily  employed  at  any  time  as  an  extra  driver 
or  sweeper  to  fill  the  place  of  a  driver  or  sweeper  who  is  suspended  or  tem- 
porarily absent  from  duty  from  any  cause.  The  rate  of  compensation  for 
such  extra  drivers  or  sweepers  shall  be  two  dollars  per  day,  and  the  driver 
or  sweeper  whose  place  is  so  filled  shall  not  receive  any  compensation  for  the 
time  during  which  he  is  so  absent  from  duty  or  his  place  is  so  filled,  un- 
less such  injury  or  illness  was  caused  by  service  in  the  department.  The 
service  of  any  person  employed,  and  of  carts  and  horses  hired  pursuant  to 
this  section,  shall  be  paid  for  in  full  and  directly  by  the  department  of  street 
cleaning,  at  such  times  as  may  be  prescribed  by  such  department;  and  they, 
and  each  of  them,  shall  be  employed  and  hired  directly  by  the  department  of 
street  cleaning  and  not  through  contractors  or  other  persons,  unless  the 


LAWS  RELATING  TO  LABOR.  *  157 

commissioner  himself  shall  determine  that  this  requirement  must  for  proper 
action  in  a  particular  instance  be  dispensed  with.  Nothing  herein  contained 
shall  affect  any  existing  contracts  made  with  or  by  the  department  of  street 
cleaning  in  regard  to  the  cleaning  of  Broadway  below  Fourteenth  street  in 
said  city  or  the  renewal  thereof,  if  deemed  best  by  the  commissioner  of  said 
department.  Neither  the  commissioner  of  street  cleaning,  nor  any  deputy 
commissioner  of  street  cleaning,  nor  any  member  of  the  uniformed  force  of 
the  street  cleaning  department,  shall  be  permitted  to  contribute  any  moneys, 
directly  or  indirectly,  to  any  political  fund,  or  intended  to  affect  legisla- 
tion for  or  on  behalf  of  the  street  cleaning  department  or  any  member 
thereof. 

RELIEF    AND    PENSION    FUND    FOR    NEW    YORK    CITY    STREET    CLEANERS. 

THE  REVISED  CHARTEE  (LAWS  OF  -1901,  CHAPTER  466). 

§  548.  There  shall  be  a  relief  and  pension  fund  of  the  department  of  street 
cleaning  which  shall  be  made  up,  administered  and  used  for  the  benefit  of 
the  members  of  the  clerical  and  uniformed  forces  of  the  department  of  street 
cleaning  as  defined  by  section  five  hundred  and  .thirty-six  of  the  charter,  and 
the  incumbents  of  such  other  positions  in  said  department  as  have  been 
created  and  not  specified  in  section  five  hundred  and  thirty-six  of  the 
charter.  [Added  l)y  L.  191  i,  ch.  839.] 

§  549.  The  relief  and  pension  fund  of  the  department  of  street  cleaning 
of  the  city  of  New  York  shall  consist  of  the  following  moneys  and  the 
interest  and  income  thereof: 

First.  A  sum  of  money  equal  to,  but  not  greater  than,  three  per  centum 
of  the  weekly  or  monthly  pay,  salary  or  compensation  of  each  such  member 
of  the  department  of  street  cleaning,  which  sum  shall  be  deducted,  weekly  or 
monthly,  as  the  case  may  be,  by  the  comptroller  from  the  pay,  salary  or 
compensation,  of  each  and  every  such  member  of  the  department  of  street 
cleaning,  and  the  said  comptroller  is  hereby  authorized,  empowered  and 
directed  to  deduct  said  sum  of  money  as  aforesaid,  and  to  pay  the  same 
monthly  to  the  treasurer  and  trustee  of  the  relief  and  pension  fund  of  the 
department  of  street  cleaning. 

Second.  All  money,  pay,  compensation  or  salary,  or  any  part  thereof,  for- 
feited, deducted  or  withheld  from  any  such  member  of  the  department  of 
street  cleaning  on  account  of  fines,  suspensions  or  absence  from  any  cause, 
loss  of  time,  sickness  or  other  disability,  physical  or  mental,  to  be  paid 
monthly  by  the  comptroller  to  the  treasurer  and  trustee  of  said  pension 
fund,  except  in  the  case  of  a  sweeper,  driver,  hostler,  stableman  or  other 
employee  who  may  have  been  sick  or  absent  from  any  cause,  and  whose 
position  has  been  filled  by  an  extra  sweeper,  driver,  stableman  or  other 
temporary  employee,  to  whom  compensation  has  been  paid. 

Third.  All  moneys  received  for  the  privilege  of  scow  trimming  or  assort- 
ing of  refuse  at  the  various  dumps  in  the  boroughs  of  Manhattan,  Brooklyn 
or  Bronx,  or  at  any  other  place  where  refuse  may  be  disposed  of,  excepting 
in  so  far  as  the  provisions  of  any  contract  now  in  force  between  the  city  of 
New  York  and  contractors  give  such  privilege  to  the  contractors.  All  con- 
tracts hereafter  made  shall  stipulate  that  the  proceeds  from  such  trim- 


158  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

ming  or  assorting  of  refuse  shall  be  paid  by  the  comptroller  to  the  trustee 
and  treasurer  of  said  pension  fund. 

Fourth.  All  moneys  received  from  the  sale  of  steam  or  house  ashes, 
garbage  and  refuse,  collected  by  the  department  of  street  cleaning,  and  any 
moneys  that  may  be  received  for  the  disposal  of  such'  steam-  or  house  ashes, 
garbage  or  refuse. 

Fifth.  All  proceeds  of  sales  of  condemned  hordes  or  other  property  of 
said  department,  excepting  real  property;  and  so  much  of  the  proceeds  of 
sales  of  unharnessed  trucks,  carts,  wagons  and  vehicles-  of  any  description, 
and  of  all  boxes,  barrels,  bales  or  other  merchandise,  or  other  movable 
property,  found  in  any  public  street  or  place  and  removed  therefrom  by  the 
commissioner  of  street  cleaning  under  any  provision  of  law  authorizing  said 
commissioner  to  remove  and  to  sell  such  incumbrances,  as  exceeds  the  neces- 
sary expense  of  the  sales  of  such  condemned  property  or  unredeemed  in- 
cumbrances and  which  is  not  under  such  provision  of  the  law,  payable  to 
the  lawful  owner  or  owners  of  such  incumbrances  so  sold,  and  all  moneys 
collected  for  the  release  of  merchandise,  unharnessed  vehicles  or  movable 
property  removed  as  aforesaid. 

Sixth.  Any  and  all  unexpended  balances  of  amounts  appropriated  for  the 
payment  of  salaries  or  compensation  of  such*  members  of  the  department  of 
street  cleaning  remaining  unexpended  after  the  allowance  of  all  claims  pay- 
able therefrom?.  And  the  comptroller  4s  hereby  authorized  to  pay  over  such 
unexpended  balances  -to  the  treasurer  and  trustee  of  s'aid  pension  fund  at 
any  time  after  the  expiration  of  the  year  for  which  such  amounts  were 
appropriated,  after  allowing  sufficient  to  satisfy  all  the  claims  payable 
therefrom  as  aforesaid. 

Seventh.  All  gifts  or  bequests  which  may  be  ma'de  to  said  fund  or  the 
commissioner  of  street  cleaning  as  treasurer  and  trustee  of  said  fund. 
[Added  ly  L.  1911,  ch.  839.] 

§  550.  The  commissioner  of  street  cleaning  shall  be  the  trustee  and  treas- 
urer of  &aid  relief  and  pension  fund.  He  shall,  before  entering  upon  his 
duties  as  treasurer  and  trustee  thereof,  deliver  to  the  comptroller  a  bond 
in  the  penal  sum  of  seventy-five  thousand  dollars,  to  be  approved  by  the 
comptroller,  conditioned  for  the  faithful  discharge  and  performance  of  his 
duties  as  such  treasurer  and  trustee.  Compensation  shall  be  made  to  the 
commissioner  of  street  cleaning  for  the  expense  of  procuring  sureties  for  said 
bond,  ito  be  paid  out  of  said  pension  fund.  Said  treasurer  and  trustee  shall 
have  charge  of  and  administer  said  fund.  He  shall  receive  all  moneys  appli- 
cable to  said  fund,  and,  from  time  to  time,  shall  invest  such  moneys,  or  any 
part  thereof,  in  any  manner  allowed  by  law  for  investments  by  savings 
banks,  as  he  shall  deem  beneficial  to  said  fund;  and  he  is  empowered  to 
make  all  necessary  contracts  and  to  conduct  necessary  and  proper  actions 
and  proceedings  in  the  premises,  and  to  pay  from  said  fund  the  relief  or 
pensions  granted  in  pursuance  of  this  act.  And  he  is  authorized  and  em- 
powered to  establish,  from  time  to  time,  such  rules  and  regulations  for  the 
disposition  and  investment,  preservation  and  administration  of  said  pension 
fund  as  he  may  deem  best.  No  payment  whatever  shall  be  allowed  or  made 
by  said  treasurer  and  trustee  from  said  fund  as  reward,  gratuity  or  com- 
pensation to  any  person  for  salary  or  service  rendered  to  or  for  said  treas- 
urer and  trustee,  except  payment  of  necessary  legal  expenses  and  compensa- 


LAWS  RELATING  TO  LABOR.  *  159 

tion  as  aforesaid  for  the  expenses  of  procuring  sureties  on  said  bond.  The 
commissioner  of  street  cleaning  may  employ  the  members  of  the  clerical 
force  in  such  clerical  work  as  may  be  necessary  for  the  care  and  administra- 
tion of  said  fund  as  a  part  of  their  regular  duties  and  without  extra  com- 
pensation. On  or  before  the  first  day  of  February  of  each-  year  the  said 
treasurer  and  trustee  shall  make  a  verified  report  to  the  mayor  containing  a 
statement  of  th'e  account  of  said  fund  under  his  control  and  of  aW  receipts, 
investments  and  disbursements,  on  account  of  said  fund,  together  with  the 
name  and  residence  of  each  beneficiary.  There  shall  be  an  auditing  committee 
consisting  of  three  members  of  the  department  of  street  cleaning,  to  be  ap- 
pointed by  the  mayor.  It  shall  be  the  duty  of  such  auditing  committee, 
on  or  before  the  first  day  of  March  in  each  year,  to  examine  the  condition 
of  said  relief  and  pension  fund  and  to  audit  the  accounts  of  said  treasurer 
and  trustee  and  to  make  report  thereon  to  the  mayor  within  thirty  days 
thereafter.  [Added  ly  L.  1911,  ch.  83©.] 

§  551.  The  commissioner  of  street  cleaning,  as  treasurer  and  trustee  of 
said  relief  and  pension  fund,  is  hereby  authorized  and  empowered  to  take 
and  hold"  any  and  all  gifts  or  bequests  which  may  be  made  to  such  fund, 
and  to  transfer  such  gifts  or  bequests  to  his  successor,  together  with  all 
other  moneys  or  property  belonging  to  suid  fund.  [Added  by  L.  1911,  ch. 
839.] 

§  552.  The  commissioner  of  street  cleaning  shall  have  power  in  his  dis- 
cretion to  retire  «and  dismiss  from  membership  in  his  department  a  member 
of  the  department  of  street  cleaning  as  hereinafter  provided;  and  he  shall 
grant  relief  or  a  pension  to  such  member  so  retired  and  dismissed  from 
membership,  and  to  the  widows  and  orphans  of  members  of  said  depart- 
ment W'ho*  may  t>e  entitled  to  receive  such  relief  or  pension,  to  be  paid  from 
said  relief  or  pension  fund,  in  monthly  instalments,  as  follows: 

First.  To  any  such  member  who,  at  any  time  after  the  passage  of  this 
aci^  whiie  in  the  actual  performance  of  duty,  and  without  fault  or  mis- 
conduct on  the  part  of  such  member,  shall  have  become  permanently  disabled, 
physically  or  mentally,  so  as  to  be  unfit  to  perform  the  duties  required 
of  such  member,  provided  that  such  unfitr.ess  for  duty  has  been  certified  to 
by  a  majority  of  the  medical  examiners  of  said  department,  the  sum  of 
twenty-five  dollars  per  month. 

Second.  To  the  widow  of  any  member  of  the  department  of  street  clean- 
ing who,  after  the  passage  of  this  act,  shall  have  been  killed  while  in  the 
actual  performance  of  his  duty,  or  shall  have  died  from  the  effects  of  any 
injury  received  while  in  the  actual  performance  of  such  duty,  the  sum  of 
not  more  than  three  hundred  dollars  per  annum;  and  to  the  widow  of  any 
member  of  such  force  who  shall  hereafter  die  and  who  shall  have  been  ten 
years  in  the  service  in  said  department  at  the  time  of  his  death,  or  who 
shall  have  been  retired  on  a  pension,  as  hereinafter  provided,  if  there  shall 
be  no  child  or  children  of  such  member  under  eighteen  years  of  age,  the 
sum  of  not  more  than  two  hundred  dollars  per  annum,  in  the  discretion  of 
said  treasurer  and  trustee;  and  if  there  be  such  child  or  children  of  such 
member  under  the  age  aforesaid,  then  such  sum  may  be  divided  between 
such  widow,  child  or  children  in  such  proportion  and  in  such  manner  as 
the  said  treasurer  and  trustee  may  direct.  The  right  of  such  widow  to  such 
pension  shall  cease  and  terminate  at  her  death  or  remarriage;  or  if  she  shall 


160  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

have  been  guilty  of  conduct  which  in  the  opinion  of  said  treasurer  and 
trustee  renders  payment  inexpedient. 

Third.  To  any  child  or  children  under  eighteen  years  of  age  of  such 
member  killed  or  dying  as  aforesaid,  or  dying  after  retirement  leaving  no 
widow,  or  if  a  widow,  then  after  her  death,  a  sum  not  exceeding  two  hun- 
dred dollars  per  annum  to  be  paid  as  such  treasurer  and  trustee  shall 
direct  until  such  child  or  children  shall  have  attained  the 'age  of  eighteen 
years  or  shall  have  married. 

Fourth.  To  the  widowed  mother  of  any  such  member,  vqho  was  the  sole 
support  of  such  mother,  who  shall  die*  after  the  passage  of  this  act,  a  sum 
not  to  exceed  two  hundred  dollars  per  annum,  to  cease  upon  the  death  or 
remarriage  of  such  widowed  mother.  [Added  by  L.  19il,  ch.  839.] 

§  533.  Any  such  member  who  has  or  shall  have  performed  duty  as  such 
member  for  a  period  of  ten  years  or  upwards  shall  be  relieved  and  dismissed 
from  said  force  upon  his  or  her  own  application,  or  by  order  of  the  com- 
missioner, upon  an  examination  by  the  medical  examiners  of  said  depart- 
ment, to  be  made  at  any  time  when  so  applied  for  or  when  so  ordered,  if  a 
majority  of  euch  medical  examiners  shalr  certify  that  such  member  is  per- 
manently disabled,  physically  or  mentally,  so  as  to  be  unfit  for  duty;  and 
such  member  so  relieved  and  dismissed  from  said  force  shall  be  paid  from 
said  fund  in  monthly  instalments  during  his  or  her  lifetime  a  sum  not 
less  than  one-half  of  the  annual  salary  or  compensation*  of  such  member 
when  he  or  she  was  so  retired;  and  any  such  member  who  shall  have  per- 
formed duty  on  said  force  for  a  period  of  twenty  years  or  upward,  whether 
continuous  or  rendered  during  different  periods,  and  who  has  reached  the 
age  of  sixty  years,  may,  upon  the  application  of  such  member  in  writing, 
be  relieved  and  dismissed  from  said  force  and  service,  and  shall  be  paid 
from  said  fund  in  monthly  instalments  during  his  or  her  lifetime  a  sum  not 
less  than  one-half  of  the  annual  salary  or  compensation  of  such  member 
when  so  retired;  provided,  however,  that  no  such  member  shall  be  so  retired 
or  granted  a  pension  while  there  are  charges  of  official  misconduct  pending 
against  him  or  her.  Pensions  granted  under  this  section  shall  be  for  the 
natural  life  of  the  pensioner  and  shall  not  be  revoked,  repealed  or  diminished. 
[Added  by  L.  1911,  ch.  839.] 

§  564.  The  commissioner  of  street  cleaning,  as  such  treasurer  and  trustee, 
is  authorized  and  empowered  to  make  and  enforce  sfll  such  rules,  orders  and 
regulations  as  may  be  necessary  to  carry  out  the  provisions  of  this  act 
relative  to  pensions  and  may  employ  members  of  the  department  for  such 
purpose  so  far  as  may  be  required.  [Added  by  L.  1911,  ch.  839.'] 

§  555.  The  moneys  or  other  property  of  the  relief  and  pension  fund  of 
the  department  of  street  cleaning  and  all  pensions  or  relief  moneys  granted 
and  payable  from  said  fund  shall  be,  and  the  same  are,  exempt  from  levy 
and  sale  under  execution,  and  from  all  processes  or  proceedings  to  enjoin 
payment,  or  to  recover  such  moneys  or  property,  by  or  on  behalf  of  any 
creditor  or  other  person  having  or  asserting  any  claim  against,  or  debt  or 
liability  of  any  person  entitled  to  such  pension  or  relief.  [Added  by  L.  1911, 
ch.  839.] 

§  556.  This  act  shall  iake  effect  October  first,  nineteen  hundred  and  eleven, 
so  far  as  it  applies  to  the  deduction  by  the  comptroller  of  three  per  centum 
of  the  pay,  salary  or  compensation  of  the  members  of  the  department  of 


LAWS  RELATING  TO  LABOK.  *  161 

street  cleaning,  and  to  the  collection  and  taking  over  by  said  treasurer  and 
trustee  of  such  other  moneys  as  are  provided  by  this  act  to  be  taken  for 
such  fund,  and  all  such  moneys  shall  be  so  taken  and  held  for  such  purpose 
by  said  treasurer  and  trustee  on  and  after  said  -date.  Provided,  however, 
that  no  such  deduction  of  such  per  centum  shall  be  made  by  the  comp- 
troller from  the  pay,  salary  or  compensation  of  any  person  who  is  or  was 
a  member  of  the  department  of  street  cleaning  on  or  before  September  first, 
nineteen  hundred  and  eleven,  unless  such  member  shall  have  given  his  or  her 
consent  in  writing  to  the  commissioner  of  street  cleaning  on  or  before  that 
date  that  he  or  she  agrees  to  abide  by  the  provisions  of  this  act  and  authorizes 
the  comptroller  of  the  city  of  New  York  to  so  deduct  such  per  centum;  and 
any  such  member  who  fails  to  give  such  written  consent  shall  not  be  en- 
titled to  be  or  to  become  a  beneficiary  of  said  relief  and  pension  fund;  but 
such  deduction  of  such  per  centum  shall  be  made  by  the  comptroller  without 
such  consent  from  the  pay,  salary  or  compensation  of  any  person  who  shall 
become  a  member  of  the  department  of  street  cleaning  after  September 
first,  nineteen  hundred  and  eleven,  and  all  such  persons  shall  be  entitled  to 
or  become  beneficiaries  of  said  relief  and  pension  fund  without  such  written 
consent  to  such  deduction.  [Added  by  L.  1911,  ch.  839.'] 

§  557.  No  relief  or  pension  shall  be  paid  to  any  person  under  the  pro- 
visions of  this  act,  and  no  person  shall  be  entitled  to  receive  any  of  the 
benefits  provided  for  in  this  act  prior  to  January  first,  nineteen  hundred 
and  thirteen,  excepting  that  relief  and  pensions  granted  under  the  pro- 
visions of  this  act  shall  be  payable  to  and  through  members  of  the  depart- 
ment who  shall  die  or  become  disabled  on  and  after  September  first,  nine- 
teen hundred  and  eleven,  but  the  payment  of  such  relief  or  pension  shall 
be  postponed  until  January  first,  nineteen  hundred  and  thirteen,  on  which 
date  the  provisions  of  this  act  providing  for  the  payment  of  relief  or 
pensions  shall  take  effect.  [Added  by  L.  1911,  ch. 


PROHIBITING    THE    SUB-LETTING    OF    PUBLIC    CONTRACTS, 

GENERAL  MUNICIPAL  LAW,  CHAPTER  24  OF  THE  CONSOLIDATED  LAWS. 
[See  also  §  43  of  State  Finance  Laic,  ch.  56  of  the  Consolidated  Laws.] 

§  86.  Contractors  not  to  assign  contracts  with  municipality  without  its 
consent.  —  A  clause  shall  be  inserted  in  all  specifications  or  contracts  here- 
after made  or  awarded  by  any  municipal  corporation,  or  any  public  depart- 
ment or  official  thereof,  prohibiting  any  contractor,  to  whom  any  contract 
shall  be  let,  granted  or  awarded,  as  required  by  law,  from  assigning,  trans- 
ferring, conveying,  subletting  or  otherwise  disposing  of  the  same,  or  of  his 
right,  title  or  interest  therein,  or  his  power  to  execute*such  contract  to  any 
other  person,  company  or  corporation,  without  the  previous  consent  in  writ- 
ing of  the  department  or  official  awarding  the  same. 

If  any  contractor,  to  whom  any  contract  is  hereafter  let,  granted  or 
awarded,  as  required  by  law,  by  any  municipal  corporation  in  the  state,  or 
by  any  public  department  or  official  thereof,  shall,  without  the  previous 
written  consent  specified  in  the  first  paragraph  of  this  section,  assign,  trans- 
fer, convey,  sublet,  or  otherwise  dispose  of  the  same,  or  his  right,  title  or 
interest  therein,  or  his  power  to  execute  such  contract,  to  any  other  person, 
company  or  other  corporation,  the  municipal  corporation,  public  department, 

6 


162  *   REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

or  official  as  the  case  may  be,  which  let,  made,  granted  or  awarded  said  con- 
tract shall  revoke  and  annul  such  contract,  and  the  municipal  corporation, 
publie  department  or  officer,  as  the  case  may  be,  shall  be  relieved  and  dis- 
charged from  any  and  all  liability  and  obligations  growing  out  of  said  con- 
tract to  such  contractor,  and  to  the  person,  company,  or  corporation  to  whom 
he  shall  assign,  transfer,  convey,  sublet  or  otherwise  dispose  of  the  same, 
and  said  contractor,  and  his  assignee,  transferee,  or  sub-lessee,  shall  forfeit 
and  lose  all  moneys,  theretofore  earned  under  said  contract  except  so  much 
as  may  be  required  to  pay  his  employees;  provided  that  nothing  herein  con- 
tained shall  be  construed  to  hinder,  prevent  or  affect  an  assignment  by  such 
contractor  for  the  benefit  of  his  creditors,  made  pursuant  to  the  statutes  of 
this  state. 

SECURING    THE    PAYMENT    OF    WAGES    TO    EMPLOYEES    OF    CONTRACTORS 

UPON    CANALS. 

CANAL  LAW,  CHAPTER  5  OF  THE  CONSOLIDATED  LAWS. 

§  145.  Security  for  payment  of  laborers. —  The  superintendent  of  public 
works  or  assistant  superintendent  having  charge,  shall  also  require  and  take 
from  the  contractor,  a  bond  with  at  least  two  good  and  sufficient  sureties, 
conditioned  that  such  contractor  will  well  and  truly  pay  in  full,  at  least  once 
in  each  month,  all  laborers  employed  by  him  on  the  work  specified  in  such 
contract,  which  shall  be  duly  acknowledged  and  filed  in  the  office  of  the 
clerk  of  the  county  wherein  such  contract  or  w&rk  is  to  be  performed,  and 
if  partly  in  two  or  more  counties,  such  bond  or  a  certified  copy  thereof  shall 
be  filed  in  the  clerk's  office  of  each  county. 

Actions  may  be  brought  for  a  breach  of  such  bond  by  any  laborer  not 
paid  in  accordance  with  its  terms,  and  the  commencement  or  maintenance 
of  an  action  by  one  or  more  laborers  thereon  shall  not  be  a  bar  to  the  com- 
mencement and  maintenance  of  other  actions  thereon  by  other  laborers.  No 
action  shall  be  maintained  against  the  sureties  unless  brought  within  thirty 
days  after  the  completion  of  the  labor  the  payment  of  which  is  secured  by 
the  bond. 

Laborers  are  those  who  perform  labor  on  canals  sfad  do  not  include  sub-contract- 
ors. (Swift  v.  Kingsley,  24  Barb.  541;  and  see  McCluskey  v.  Cromwell,  11  N.  Y. 
593.) 

AUTHORIZING  THE  EIGHT  HOUR  DAY  UPON  RESERVOIR  CONSTRUCTION  IN 

NEW    YORK    CITY. 

LAWS  OF  1902,  .CHAPTEB  588. 
AN  ACT  relative  to  the  powers  of  the  aqueduct  commissioners,  provided  for 

and  holding  office  under  and  pursuant  to  the  provisions  of  chapter  four 

hundred  and  ninety  of  the  laws  of  eighteen  hundred  and  eighty-three,  and 

its  amendments. 

Section  1.  The  aqueduct  commissioners,  provided  for  and  holding  office 
under  and  pursuant  to  the  provisions  of  an  act  of  the  legislature  of  the 
state  of  New  York,  entitled  "An  act  to  provide  new  reservoirs,  dams  and 
a  new  aqueduct  with  the  appurtenances  thereto,  for  the  purpose  of  sup- 
plying the  city  of  New  York  with  an  increased  supply  of  pure  and  whole- 
some water,"  said  act  being  chapter  four  hundred  and  ninety  of  the  laws 
of  eighteen  hundred  and  eighty-three,  and  its  amendments,  are  hereby 


LAWS  RELATING  TO  LABOR.  *  163 

authorized  and  empowered  to  agree  with  any  person,  firm  or  corporation  with 
whom  they  have  contracted  or  may  hereafter  contract,  upon  such  terms  and 
conditions  as  shall  in  their  judgment  and  discretion,  be  for  the  best  interests 
of  the  city  of  New  York,  that  eight  hours  shall  constitute  a  day's  work  for 
all  laborers  employed  by  said  person,  firm  or  corporation  in  the  performanc« 
of  his  or  its  contract  and  that  no  laborer  employed  in  the  performance  of  any 
such  contract  shall  be  required,  permitted  or  allowed  to  work  more  than  eight 
hours.  No  agreement  made  under  the  provisions  of  this  act  shall  be  valid 
or  binding  until  the  same  has  been  approved  by  the  board  of  estimate  and 
apportionment  of  the  city  of  New  York. 


PRISON  LABOR.* 

OCCUPATION  AND  EMPLOYMENT  OF  CONVICTS. 
CONSTITUTION  OF  STATE  OF  NEW  YORK,  ARTICLE  III. 

Section  29.  The  Legislature  shall,  by  law,  provide  for  the  occupation  and 
employment  of  prisoners  sentenced  to  the  several  State  prisons,  peniten- 
tiaries, jails  and  reformatories  in  the  State;  and  on  and  after  the  first  day 
of  January,  in  the  year  one  thousand  eight  hundred  and  ninety-seven,  no 
person  in  any  such  prison,  penitentiary,  jail  or  reformatory,  shall  be  re- 
quired or  allowed  to  work,  while  under  sentence  thereto,  at  any  trade,  in- 
dustry or  occupation,  wherein  or  whereby  his  work,  or  the  product  or  profit 
of  his  work,  shall  be  farmed  out,  contracted,  given  or  sold  to  any  person, 
firm,  c.ssociation  or  corporation.  This  section  shall  not  be  construed  to  pre- 
vent the  Legislature  from  providing  that  convicts  may  work  for,  and  that 
the  products  of  their  labor  may  be  disposed  of  to,  the  State  or  any  political 
division  thereof,  or  for  or  to  any  public  institution  owned  or  managed  and 
controlled  by  the  State,  or  any  political  division  thereof. 

Trees  raised  by  convicts  under  the  supervision  of  the  conservation  commission 
and  superintendent  of  prisons  may  be  sold  for  private  use  in  reforestation  (opinion 
of  Attorney-General,  October  11,  1911). 

PRISON  LAW,  CHAPTER  43  OF  THE  CONSOLIDATED  LAWS. 

ARTICLE    7. 
Prison  Labor. 

Section  170.  Contracts  prohibited. 

171.  Prisoners  to  be  employed ;  products  of  labor  of  prisoners. 

172.  Labor  of  prisoners  of  first  grade,  how  directed. 

173.  Labor  of  prisoners  of  second  grade,  how  directed. 

174.  Labor  of  prisoners  of  third  grade,  how  directed. 

175.  Prisoners  employed  for  use  of  state,  and  divisions  thereof. 

176.  No   printing  or   photo-engraving  to   be   done  by    prisoners   for   use   of 

state. 

177.  Labor  of  prisoners  in  prisons,  reformatories  and  penitentiaries. 

178.  Labor  of  prisoners  in  certain  institutions. 

179.  Employment  of  convicts  on  public  highways. 

180.  Persons    interfering    with    convicts    employed    on    highways    guilty    of 

misdemeanor. 

181.  Classification  of  industries ;  report  as  to  industries. 

182.  Articles  manufactured  to  be  furnished  to  the  state  or  division   thereof. 

183.  Estimates  of  articles  required  to  be  furnished  commission  of  prisons 

by   officers. 

184.  Board  of  classification;  prices  to  be  fixed. 

185.  Earnings  of  prisoners. 

186.  Disposition  of  fines. 

187.  Disposition   of    moneys  paid  to  prisoner  for  his  labor. 

188.  Monthly  statement  of  receipts  and  expenditures  for  prison  industries. 

189.  Statement  of  machinery  and  materials  required. 

190.  Machinery  and  materials  for  prison  industries,  how  purchased. 

191.  Disposition  of  machinery  on  discontinuance  of  industry. 

192.  Purchases  to  be  included  in  estimates. 

193.  Deposits  by  agent  and  warden  in  hanks. 

194.  Violations  of  prison  labor  regulations. 

§  170.  Contracts  prohibited. —  The  superintendent  of  state  prisons  shall  not, 
nor  shall  any  other  authority  whatsoever,  make  any  contract  by  which  the 

*  See  also  article  13  of  the  Labor  Law,  ante. 
[164] 


LAWS  RELATING  TO  LABOR.  *  165 

labor  or  time  of  any  prisoner  in  any  state  prison,  reformatory,  penitentiary 
or  jail  in  this  state,  or  the  product  or  profit  of  his  work,  shall  be  contracted, 
let,  farmed  out,  given  or  sold  to  any  person,  firm,  association  or  corporation; 
except  that  the  convicts  in  said  penal  institutions  may  work  for,  and  the 
products  of  their  labor  may  be  disposed  of  to,  the  state  or  any  political 
division  thereof  or  for  or  to  any  public  institution  owned  or  managed  and 
controlled  by  the  state,  or  any  political  division  thereof. 

§  171.  Prisoners  to  be  employed;  products  of  labor  of  prisoners. — The  super- 
intendent of  state  prisons,  the  superintendents,  managers  and  officials  of 
all  reformatories  and  penitentiaries  in  the  state,  shall,  so  far  as  practicable, 
cause  all  the  prisoners  in  said  institutions,  who  are  physically  capable  thereof, 
to  be  employed  at  hard  labor,  for  not  to  exceed  eight  hours  of  each  day,  other 
than  Sundays  and  public  holidays,  but  such  hard  labor  shall  be  either  for  the 
purpose  of  production  of  supplies  for  said  institutions,  or  for  the  state,  or 
any  political  division  thereof,  or  for  any  public  institution  owned  or  managed 
and  controlled  by  the  state,  or  any  political  division  thereof;  or  for  the  pur- 
pose of  industrial  training  and  instruction,  or  partly  for  one,  and  partly  for 
the  other  of  such  purposes. 

§  172.  Labor  of  prisoners  of  first  grade,  how  directed. —  The  labor  of  the 
prisoners  of  the  first  grade  in  each  of  said  prisons,  reformatories  and  peni- 
tentiaries, shall  be  directed  with  reference  to  fitting  the  prisoner  to  maintain 
himself  by  honest  industry  after  his  discharge  from  imprisonment,  as  the 
primary  or  sole  object  of  such  labor,  and  such  prisoners  of  the  first  grade 
may  be  so  employed  at  hard  labor  for  industrial  training  and  instruction 
solely,  even  though  no  useful  or  salable  products  result  from  their  labor,  but 
only  in  case  such  industrial  training  or  instruction  can  be  more  effectively 
given  in  such  manner.  Otherwise,  and  so  far  as  is  consistent  with  the 
primary  object  of  the  labor  of  prisoners  of  the  first  grade  as  aforesaid,  the 
labor  of  such  prisoners  shall  be  so  directed  as  to  produce  the  greatest  amount 
of  useful  products,  articles  and  supplies  needed  and  used  in  the  said  institu- 
tions, and  in  the  buildings  and  offices  of  the  state,  or  those  of  any  political 
division  thereof,  or  in  any  public  institution  owned  or  managed  and  controlled 
by  the  state  or  any  political  division  thereof,  or  said  labor  may  be  for  the 
state,  or  any  political  division  thereof. 

§  173.  Labor  of  prisoners  of  second  grade,  how  directed. —  The  labor  of 
prisoners  of  the  second  grade  in  said  prisons,  reformatories  and  penitentiaries 
shall  be  directed  primarily  to  labor  for  the  state  or  any  political  division 
thereof,  or  to  the  production  and  manufacture  of  useful  articles  and  supplies 
for  said  institutions,  or  for  any  public  institution  owned  or  managed  and 
controlled  by  the  state,  or  any  political  division  thereof. 

§  174.  Labor  of  prisoners  of  third  grade,  how  directed. —  The  labor  of 
prisoners  of  the  third  grade  shall  be  directed  to  such  exercise  as  shall  tend  to 
the  preservation  of  health,  or  they  shall  be  employed  in  labor  for  the  state, 
or  a  political  division  thereof,  or  in  the  manufacture  of  such  useful  articles 
and  supplies  as  are  needed  and  used  in  the  said  institutions,  and  in  the 
public  institutions  owned  or  managed  and  controlled  by  the  state,  or  any 
political  division  thereof. 

§  175.  Prisoners  employed  for  use  of  state,  and  divisions  thereof. — All  con- 
victs sentenced  to  state  prisons,  reformatories  and  penitentiaries  in  the  state, 


166  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

shall  be  employed  for  the  state,  or  a  political  division  thereof,  or  in  productive 
industries  for  the  benefit  of  the  state,  or  the  political  divisions  thereof,  or  for 
the  use  of  public  institutions  owned  or  managed  and  controlled  by  the  state, 
or  the  political  divisions  thereof,  which  shall  be  under  rules  and  regulations 
for  the  distribution  and  diversification  thereof,  to  be  established  by  the  state 
commission  of  prisons. 

§  176.  No  printing  or  photo-engraving  to  be  done  by  prisoners  for  use  of 
state. —  No  printing  or  photo-engraving  shall  be  done  in  any  state  prison, 
penitentiary  or  reformatory  for  the  state  or  any  political  division  thereof,  or 
for  any  public  institution  owned  or  managed  and  controlled  by  the  state  or 
any  such  political  division,  except  such  printing  as  may  be  required  for  or 
used  in  the  penal  and  state  charitable  institutions,  and  the  reports  of  the 
state  commission  of  prisons  and  the  superintendent  of  prisons,  and  all  printing 
required  in  their  offices. 

§  177.  Labor  of  prisoners  in  prisons,  reformatories  and  penitentiaries.— 
The  labor  of  the  convicts  in  the  state  prisons  and  reformatories  in  the  state, 
after  the  necessary  labor  for  and  manufecture  of  all  needed  supplies,  for  said 
institutions,  shall  be  primarily  devoted  to  the  state  and  the  public  buildings 
and  institutions  thereof,  and  the  manufacture  of  supplies  for  the  state,  and 
public  institutions  thereof,  and  secondly  to  the  political  divisions  of  the  state, 
and  public  institutions  thereof;  and  the  labor  of  the  convicts  in  the  peni- 
tentiaries, after  the  necessary  labor  for  and  manufacture  of  all  needed  supplies 
for  the  same,  shall  be  primarily  devoted  to  the  counties,  respectively,  in 
which  said  penitentiaries  are  located,  and  the  towns,  cities  and  villages  therein, 
and  to  the  manufacture  of  supplies  for  the  public  institutions  of  the  counties, 
or  the  political  divisions  thereof,  and  secondly  to  the  state  and  the  public 
institutions  thereof. 

§  178.  Labor  of  prisoners  in  certain  institutions. —  The  state  board  of 
managers  of  reformatories,  and  the  managing  authorities  of  all  the  peniten- 
tiaries or  other  penal  institutions  in  this  state,  are  hereby  authorized  and 
directed  to  conduct  the  labor  of  prisoners  therein,  respectively,  in  like  manner 
and  under  like  restrictions,  as  labor  is  authorized  by  sections  one  hundred  and 
seventy  and  one  hundred  and  seventy-one  of  this  article,  to  be  conducted  in 
state  prisons. 

§  179.  Employment  of  convicts  on  public  highways. —  The  superintendent 
of  state  prisons  may  employ  or  cause  to  be  employed,  not  to  exceed  three 
hundred  of  the  convicts  confined  in  each  state  prison  in  the  improvement  of 
the  public  highways,  within  a  radius  of  thirty  miles  from  such  prison  and 
outside  of  an  incorporated  city  or  village. 

The  agent  and  warden  of  each  prison  may  make  such  rules  as  he  may 
deem  necessary  for  the  proper  care  of  such  prisoners  while  so  employed,  subject 
to  the  approval  of  the  superintendent  of  state  prisons. 

The  agent  and  warden  of  each  prison  may  designate,  subject  to  the  approval 
of  the  superintendent  of  state  prisons,  the  highways  and  portions  thereof  upon 
which  such  labor  shall  be  employed;  and  such  portions  so  designated  and 
approved  shall  be  under  his  control  during  the  time  such  improvements  are 
in  progress,  and  the  state  engineer  and  surveyor  shall  fix  the  grade  and  width 
of  the  roadway  of  such  highways  and  direct  the  manner  in  which  the  work 
shall  be  done. 


LAWS  KELATING  TO  LABOR.  *  167 

The  superintendent  of  state  prisons  is  hereby  authorized  to  purchase  any 

machinery,  tools  and  materials  necessary  in  such  employment. 

*  *  ***** 

A  prison  warden  may  not  bid  on  a  contract  for  highway  construction,  the  labor 
to  be  performed  by  inmates  of  state  prisons  (opinion  of  Attorney-General,  June  23, 
1913). 

§  182.  Articles  manufactured  to  be  furnished  to  the  state  or  division 
thereof. —  The  superintendent  of  state  prisons,  and  the  superintendents  of 
reformatories  and  penitentiaries,  respectively,  are  authorized  and  directed  to 
cause  to  be  manufactured  by  the  convicts  in  the  prisons,  reformatories  and 
penitentiaries,  such  articles  as  are  needed  and  used  therein,  and  also  such  as 
are  required  by  the  state  or  political  divisions  thereof,  and  in  the  buildings, 
offices  and  public  institutions  owned  or  managed  and  controlled  by  the  state, 
including  articles  and  materials  to  be  used  in  the  erection  of  the  buildings. 
All  such  articles  manufactured  in  the  state  prisons,  reformatories  and  peni- 
tentiaries, and  not  required  for  use  therein,  shall  be  of  the  styles,  patterns, 
designs  and  qualities  fixed  by  the  board  of  classification,  and  may  be  furnished 
to  the  state,  or  to  any  political  division  thereof,  or  for  or  to  any  public 
institution  owned  or  managed  and  controlled  by  the  state,  or  any  political 
division  thereof,  at  and  for  such  prices  as  shall  be  fixed  and  determined  as 
hereinafter  provided,  upon  the  requisitions  of  the  proper  officials,  trustees  or 
managers  thereof.  No  article  so  manufactured  shall  be  purchased  from  any 
other  source,  for  the  state  or  public  institutions  of  the  state,  or  the  political 
divisions  thereof,  unless  said  state  commission  of  prisons  shall  certify  that 
the  same  can  not  be  furnished  upon  such  requisition,  and  no  claim  therefor 
shall  be  audited  or  paid  without  such  certificate. 

This  section  requires  the  purchase  of  desks  for  use  in  public  schools  from  penal 
institutions,  if  such  institutions  can  furnish  the  desks  (opinion  of  Attorney-General, 
April  15,  1913). 

By  section  135-a  of  the  General  Municipal  Law,  added  by  L.  1913,  ch.  341, 
supplies  may  be  manufactured  in  the  workshops  of  municipal  hospitals  for  tuber- 
culosis by  inmates  thereof  and  sold  to  any  department  of  such  municipality  not- 
withstanding the  provisions  of  above  section. 

§  183.  Estimates  of  articles  required  to  be  furnished  commission  of  prisons 
by  officers. —  On  or  before  October  first  in  each  year,  the  proper  officials 
of  the  state,  and  the  political  divisions  thereof,  and  of  the  institutions  of  the 
state,  or  political  divisions  thereof,  shall  report  to  the  said  commission  of 
prisons  estimates  for  the  ensuing  year  of  the  amount  of  supplies  of  different 
kinds  required  to  be  purchased  by  them  that  can  be  furnished  by  the  penal 
institutions  in  the  state.  The  said  commission  is  authorized  to  make  regula- 
tions for  said  reports,  to  provide  for  the  manner  in  which  requisitions  shall 
be  made  for  supplies,  and  to  provide  for  the  proper  diversification  of  the 
industries  in  said  penal  institutions. 

§  184.  Board  of  classification;  prices  to  be  fixed. —  The  fiscal  supervisor  of 
state  charities,  the  state  commission  of  prisons,  and  the  superintendent  of 
state  prisons  and  the  lunacy  commission  are  hereby  constituted  a  board 
to  be  known  as  the  board  of  classification.  Said  board  shall  fix  and  determine 
the  prices  at  which  all  labor  performed,  and  all  articles  manufactured  in 
the  charitable  institutions  managed  and  controlled  by  the  state  and  in  the 
penal  institutions  in  this  state,  and  furnished  to  the  state,  or  the  political 
divisions  thereof,  or  to  the  public  institutions  thereof,  shall  be  furnished, 


168  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

which  prices  shall  be  uniform  to  all,  except  that  the  prices  for  goods  or 
labor  furnished  by  the  penitentiaries  to  or  for  the  county  in  which  they 
are  located,  or  the  political  divisions  thereof,  shall  be  fixed  by  the  board 
of  supervisors  of  such  counties,  except  New  York  and  Kings  counties,  in 
which  the  prices  shall  be  fixed  by  the  commissioners  of  charities  and  correc- 
tion, respectively.  The  prices  shall  be  as  near  the  usual  market  price  for 
such  labor  and  supplies  as  possible.  The  state  commission  of  prisons  shall 
devise  and  furnish  to  all  such  institutions  a  proper  form  for  such  requisition, 
and  the  comptroller  shall  devise  and  furnish  a  proper  system  of  accounts 
to  be  kept  for  all  such  transactions.  It  shall  also  be  the  duty  of  the 
board  of  classification  to  classify  the  buildings,  offices  and  institutions 
owned  or  managed  and  controlled  by  the  state,  and  it  shall  fix  and  determine 
the  styles,  patterns,  designs  and  qualities  of  the  articles  to  be  manufactured 
for  such  buildings,  offices  and  public  institutions,  in  the  charitable  and  penal 
institutions  in  this  state.  So  far  as  practicable,  all  supplies  used  in  such 
buildings,  offices  and  public  institutions  shall  be  uniform  for  each  class, 
and  of  the  styles,  patterns,  designs  and  qualities  that  can  be  manufactured 
in  the  penal  institutions  in  this  state. 

§  185.  Earnings  of  prisoners. —  Every  prisoner  confined  in  the  state  prisons, 
reformatories  and  penitentiaries,  who  shall  become  entitled  to  a  diminution 
of  his  term  of  sentence  by  good  conduct,  may,  in  the  discretion  of  the  agent 
and  warden,  or  of  the  superintendent  of  the  reformatory,  or  superintendent 
of  the  penitentiary,  receive  compensation  from  the  earnings  of  the  prison 
or  reformatory  or  penitentiary  in  which  he  is  confined,  such  compensation 
to  be  graded  by  the  agent  and  warden  of  the  prison  for  the  prisoners 
therein,  and  the  superintendent  of  the  reformatory  and  penitentiary  for 
the  prisoners  therein,  for  the  time  such  prisoner  may  work,  but  in  no 
case  shall  the  compensation  allowed  to  such  convicts  exceed  in  amount  ten 
percentum  of  the  earnings  of  the  prison  or  reformatory  or  penitentiary  in 
which  they  are  confined.  The  difference  in  the  rate  of  compensation  shall 
be  based  both  on  the  pecuniary  value  of  the  work  performed,  and  also  on 
the  willingness,  industry  and  good  conduct  of  such  prisoner;  provided,  that 
whenever  any  prisoner  shall  forfeit  his  good  time  for  misconduct  or  violation 
of  the  rules  or  regulations  of  the  prison,  reformatory  or  penitentiary,  he 
shall  forfeit  out  of  the  compensation  allowed  under  this  section  fifty  cents 
for  each  day  of  good  time  so  forfeited;  and  provided,  that  prisoners  serving 
life  sentences  shall  be  entitled  to  the  benefit  of  this  section  when  their 
conduct  is  such  as  would  entitle  other  prisoners  to  a  diminution  of  sentence, 
subject  to  forfeiture  of  good  time  for  misconduct  as  herein  provided.  The 
agent  and  warden  of  each  prison,  or  the  superintendent  of  the  reformatory 
or  superintendent  of  the  penitentiary  may  institute  and  maintain  a  uniform 
system  of  fines,  to  be  imposed  at  his  discretion,  in  place  of  his  other  pen- 
alties and  punishments,  to  be  deducted  from  such  compensation  standing  to 
the  credit  of  any  prisoner,  for  misconduct  by  such  prisoner. 

EMPLOYMENT  OF  PRISONERS  IN  COUNTY  JAILS. 

THE  COUNTY  LAW,  CHAPTER  11  OF  THE  CONSOLIDATED  LAWS. 
§  93.  Food  and  labor. —  Prisoners  detained  for  trial,  and  those  under  sen- 
tence, shall  be   provided  with  a   sufficient  quantity  of  plain  but  wholesome 
food,  at  the  expense  of  the  county;  but  prisoners  detained  for  trial  may,  at 


LAWS  RELATING  TO  LABOR.  *  169 

their  own  expense,  and  under  the  direction  of  the  keeper,  be  supplied  with 
any  other  proper  articles  of  food.  Such  keeper  shall  cause  each  prisoner 
committed  to  his  jail  for  imprisonment  under  sentence,  to  be  constantly  em- 
ployed at  hard  labor  when  practicable,  during  every  day,  except  Sunday,  and 
the  board  of  supervisors  of  the  county,  or  judge  of  the  county,  may  prescribe 
the  kind  of  labor  at  which  such  prisoner  shall  be  employed;  and  the  keeper 
shall  account,  at  least  annually,  with  the  board  of  supervisors  of  the  county, 
for  the  proceeds  of  such  labor.  Such  keeper  may,  with  the  consent  of  the 
board  of  supervisors  of  the  county,  or  the  county  judge,  from  time  to  time, 
cause  such  of  the  convicts  under  his  charge  as  are  capable  of  hard  labor,  to 
be  employed  outside  of  the  jail  in  the  same,  or  in  an  adjoining  county,  upon 
such  terms  as  may  be  agreed  upon  between  the  keepers  and  the  officers,  or 
persons,  under  whose  direction  such  convicts  shall  be  placed,  subject  to  such 
regulations  as  the  board  or  judge  may  prescribe;  and  the  board  of  supervisors 
of  the  several  counties  are  authorized  to  employ  convicts  under  sentence  to 
confinement  in  the  county  jails,  in  building  and  repairing  penal  institutions 
of  the  county  and  in  building  and  repairing  the  highways  in  their  respective 
counties  or  in  preparing  the  materials  for  such  highways  for  sale  to  and 
for  the  use  of  such  counties  or  towns,  villages,  and  cities  therein;  and  to 
make  rules  and  regulations  for  their  employment;  and  the  said  board  of 
supervisors  are  hereby  authorized  to  cause  money  to  be  raised  by  taxation 
for  the  purpose  of  furnishing  materials  and  carrying  this  provision  into 
effect;  and  the  courts  of  this  state  are  hereby  authorized  to  sentence  con- 
victs committed  to  detention  in  the  county  jails  to  such  hard  labor  as  may  be 
provided  for  them  by  the  boards  of  supervisors. 

EMPLOYMENT    OF    PRISONERS    IN    NEW    YORK    CITY    PENAL    INSTITUTIONS. 

LAWS  OF  1901,  CHAPTER  466  (THE  NEW  YORK  CITY  CHARTER). 

§  700.  Employment  of  inmates;  articles  manufactured;  cultivation  of  lands. 
—  Every  inmate  of  an  institution  under  the  charge  of  the  commissioner,  whose 
age  and  health  will  permit,  shall  be  employed  in  quarrying  or  cutting  stone, 
or  in  cultivating  land  under  the  control  of  the  commissioner,  or  in  manufac- 
turing such  articles  as  may  be  required  for  ordinary  use  in  the  institutions 
under  the  control  of  the  commissioner,  or  for  the  use  of  any  department  of 
The  City  of  New  York,  or  in  preparing  and  building  sea  walls  upon  islands 
or  other  places  belonging  to  The  City  of  New  York  upon  which  public  insti- 
tutions now  are  or  may  hereafter  be  erected,  or  in  public  works  carried  on  by 
any  department  of  the  city,  or  at  such  mechanical  or  other  labor  as  shall  be 
found  from  experience  to  be  suited  to  the  capacity  of  the  individual.  The 
articles  raised  or  manufactured  by  such  labor  shall  be  subject  to  the  order 
of  and  shall  be  placed  under  the  control  of  the  commissioner,  and  shall  be 
utilized  in  the  institutions  under  his  charge  or  in  some  other  department  of 
the  city.  All  the  lands  under  the  jurisdiction  of  the  commissioner  not  other- 
wise occupied  or  utilized,  and  which  are  capable  of  cultivation  shall  in  the 
discretion  of  the  commissioner  be  used  for  agricultural  purposes. 

§  701.  Detail  of  inmates  to  work  in  other  departments.— At  the  request 
of  any  of  the  heads  of  the  administrative  departments  of  The  City  of 
New  York  (who  are  hereby  empowered  to  make  such  request)  the  com- 
missioner of  correction  may  detail  and  designate  any  inmate  or  inmates  of 
any  of  the  institutions  in  the  department  of  correction  to  perform  work, 


170  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

labor  and  services  in  and  upon  the  grounds  and  building  or  in  and  upon 
any  public  work  or  improvement  under  the  charge  of  such  other  depart- 
ment. And  such  inmates  when  so  employed  shall  at  all  times  be  under  the 
personal  oversight  and  direction  of  a  keeper  or  keepers  from  the  department 
of  correction,  but  no  inmate  of  any  correctional  institution  shall  be  em- 
ployed in  any  ward  of  any  hospital  except  hospitals  in  penal  institutions, 
while  such  ward  is  being  used  for  hospital  purposes.  The  provisions  of 
this  act  or  of  law  requiring  advertisement  for  bids  or  proposals,  or  the 
awarding  of  contracts,  for  work  to  be  done  or  supplies  to  be  furnished  for 
any  of  said  departments  shall  not  be  applicable  to  public  work  which  may 
be  done  or  to  the  supplies  which  may  be  furnished  under  the  provisions  of  the 
prison  law. 

§  702.  Hours  of  labor;  discipline. —  The  hours  of  labor  required  of  any  in- 
mate of  any  institution  under  the  charge  of  the  commissioner  shall  be  fixed  by 
the  commissioner.  »»•«•••»»•* 


AGRICULTURAL  LABOR. 

THE  AGBICULTUBAL  LAW,  CHAPTER  1  OF  THE  CONSOLIDATED  LAWS. 

ARTICLE  12. 

Agricultural    Statistics. 

Section  280.  Collection  and  dissemination  of  statistics. 

281.  Information  to  be  furnished  by  supervisors. 

§  280.  Collection  and  dissemination  of  statistics. —  The  commissioner 
of  agriculture  may  collect  and  disseminate  such  information  relative  to  agri- 
culture, and  agricultural  labor  within  the  state,  as  he  may  deem  wise  for  the 
purpose  of  promoting  agricultural  production  within  this  state. 

§  281.  Information  to  be  furnished  by  supervisors. —  Supervisors  of  the 
different  towns  and  wards  in  this  state  shall  furnish  to  the  commissioner  of 
agriculture  upon  request  from  him,  upon  blanks  to  be  furnished  by  the  said 
commissioner,  such  information  as  may  be  in  their  possession  or  may  be 
obtained  by  them  relative  to  agriculture,  agricultural  production  and  agri- 
cultural labor  within  their  respective  towns  or  wards.  Such  information  shall 
be  furnished  to  said  commissioner  within  thirty  days  from  the  time  it  is 
asked  for.  The  expense  incurred  by  the  several  supervisors  in  furnishing  such 
information  shall  be  a  town  charge  to  be  paid  in  the  manner  now  provided  by 
law  for  the  payment  of  services  and  disbursements  by  such  supervisor. 


[I'M] 


RAILWAY  LABOR. 

[See  also  DUTIES  AND  LIABILITIES  OF  EMPLOYERS,  ETC.,  and  sections  6,   7  and  8 

of  the  Labor  Law.] 

THE  SAFETY  OF  RAILWAY  EMPLOYEES, 
THE  RAILROAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 
§  71.  Duties  imposed.— It  shall  be  the  duty  of  every  railroad  corporation 
operating  its  road  by  steam: 

1.  To  lay,  in  the  construction  of  new    and    in    the    renewal    of    existing 
switches,  upon  freight  or  passenger  main  line  tracks,  switches  on  the  prin- 
ciple of  either  the  so-called  Tyler,  Wharton,  Lorenz,  or  split-point  switch, 
or  some   other  kind  of  safety  switch,  which  shall   prevent  the  derailment 
of  a  train,  when   such   switch   is   misplaced  or   a   switch   interlocked   with 
distant   signals. 

2.  To   erect    and    thereafter   maintain    such    suitable    warning    signals    at 
every  road,  bridge,  or  structure  which  crosses  the  railroad  above  the  tracks, 
where   such  warning  signals  may  be  necessary,  for  the  protection  of  em- 
ployees on  top  of  cars   from  injury. 

3.  To  use  upon  every  new  freight  car  built  or  purchased  for  use,  couplers 
which   can  be   coupled   and   uncoupled  automatically,  without   the   necessity 
of  having  a  person  guide  the  link,  lift  the  pin  by  hand,  or  go  between  the 
ends  of  the  cars. 

4.  To  attach  to  every  car  used  for  passenger  transportation  an  automatic 
air-brake  or  other  form  of  safety-power  brake,  applied  from  the  locomotive, 
excepting  cars   attached    to    freight   trains,   the   schedule   rate   of   speed  of 

which  does  not  exceed  twenty  miles  an  hour. 
»******«** 

Every  corporation,  person  or  persons,  operating  such  railroad,  and  violat- 
ing any  of  the  provisions  of  this  section,  except  subdivision  six,  shall  be 
liable  to  a  penalty  of  one  hundred  dollars  for  each  offense,  and  the  further 
penalty  of  ten  dollars  for  each  day  that  it  shall  omit  or  neglect  to  comply 
with  any  of  such  provisions.  For  every  violation  of  the  provisions  of  the 
sixth  subdivision  of  this  section  every  such  corporation  shall  be  liable  to  a 
penalty  of  twenty-five  dollars  for  each  offense. 

§  72.  Inspection  of  locomotive  boilers. —  It  shall  be  the  duty  of  every  rail- 
road corporation  operated  by  steam  power,  within  this  state,  and  of  the 
directors,  managers  or  superintendents  of  such  railroad  to  cause  thorough 
inspections  to  be  made  of  the  boilers  and  their  appurtenances  of  all  the 
steam  locomotives  which  shall  be  used  by  such  corporation  or  corporations, 
on  said  railroads,  Said  inspections  shall  be  made,  at  least  every  three 
months  under  the  direction  and  superintendence  of  said  corporations,  or  the 
directors,  managers  or  superintendents  thereof,  by  persons  of  suitable 
qualifications  and  attainments  to  perform  the  services  required  of  inspectors 
of  boilers,  and  who  from  their  knowledge  of  the  construction  and  use  of 
boilers  and  the  appurtenances  therewith  connected,  are  able  to  form  a 

[172] 


LAWS  RELATING  TO  LABOR.  *  173 

reliable  opinion  of  the  strength,  form,  workmanship  and  suitableness  of 
boilers,  to  be  employed  without  hazard  of  life,  from  imperfections  in  ma- 
terial, workmanship  or  arrangement  of  any  part  of  such  boiler  and  appur- 
tenances. All  such  boilers  so  used  shall  comply  with  the  following  require- 
ments: The  boilers  must  be  made  of  good  and  suitable  materials;  the 
openings  for  the  passage  of  water  and  steam  respectively,  and  all  pipes 
and  tubes  exposed  to  heat  shall  be  of  proper  dimensions;  the  safety  valves, 
fusible  plugs,  low  water  glass  *  indicator  gauge  cocks  and  steam  gauges, 
shall  be  of  such  construction,  condition  and  arrangement  that  the  same  may 
be  safely  employed  in  the  active  service  of  the  railroad  corporation  with- 
out peril  to  life;  and  each  inspector  shall  satisfy  himself  by  thorough  ex- 
amination that  said  requirements  have  been  fully  complied  with.  No  boiler, 
nor  any  connection  therewith  shall  be  approved  which  is  unsafe  in  its  form, 
or  dangerous  from  defects,  workmanship  or  other  cause.  The  person  or  per- 
sons who  shall  make  the  said  inspections  if  he  or  they  approve  of  the  boiler 
or  boilers  and  the  appurtenances  throughout,  shall  make  and  subscribe  his 
or  their  name  to  a  written  or  printed  certificate  which  shall  contain 
the  number  of  each  boiler  inspected,  the  date  of  its  inspection,  the  condi- 
tion of  the  boiler  inspected,  and  such  details  as  may  be  required  by  the 
forms  and  regulations  which  shall  be  prescribed  by  the  public  service  com- 
mission. Every  certificate  shall  be  verified  by  the  oath  of  the  inspector, 
and  he  shall  cause  such  certificate  or  certificates  to  be  filed  in  the  office  of 
the  public  service  commission,  within  ten  days  after  each  inspection  shall 
have  been  made,  and  also  a  copy  thereof  with  the  chief  operating  officer 
or  employee  of  such  railroad  having  charge  of  the  operation  of  such  loco- 
motive boiler;  a  copy  shall  also  be  placed  by  such  officer  or  employee  in  a 
conspicuous  place  in  the  cab  connected  with  the  locomotive  boiler  inspected, 
and  there  kept  framed  under  glass.  The  public  service  commission  shall 
have  power,  from  time  to  time,  to  formulate  rules  and  regulations  for  the 
inspection  and  testing  of  boilers  as  aforesaid,  and  may  require  the  removal 
of  incompetent  inspectors  of  boilers  under  the  provisions  of  this  section. 
Copies  of  such  rules  and  regulations  shall  be  mailed  to  every  corporation 
operating  a  railroad  by  steam  in  this  state.  If  it  shall  be  ascertained  by 
such  inspection  and  test  or  otherwise,  that  any  locomotive  boiler  is  unsafe 
for  use,  the  same  shall  not  again  be  used  until  it  shall  be  repaired,  and 
made  safe,  so  as  to  comply  with  the  requirements  of  this  section.  Every 
corporation,  director,  manager  or  superintendent  operating  such  railroad  and 
violating  any  of  the  provisions  of  this  section  shall  be  liable  to  a  penalty, 
to  be  paid  to  the  people  of  the  state  of  New  York,  of  one  hundred  dollars 
for  each  offense,  and  the  further  penalty  of  one  hundred  dollars  for  each 
day  it  or  he  shall  omit  or  neglect  to  comply  with  said  provisions,  and  the 
making  or  filing  of  a  false  certificate  shall  be  a  misdemeanor,  and  every 
inspector  who  wilfully  certifies  falsely  touching  any  steam  boiler,  or  any 
appurtenance  thereto  belonging,  or  any  matter  or  thing  contained  or  re- 
quired to  be  contained  in  any  certificate,  signed  and  sworn  to  by  him,  shall 
be  guilty  of  a  misdemeanor.  Any  person,  upon  application  to  the  secretary 
of  said  commission  and  on  the  payment  of  such  reasonable  fee  as  said  com- 
mission may  by  rule  fix,  shall  be  furnished  with  a  copy  of  any  such  cer- 

*  So  in  original. 


174  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

tificate.     The  public  service  commission  shall  enforce  the  provisions  of  this 
section   as   to  penalties. 

§  73.  State  inspector  of  locomotive  boilers.— The  office  of  state  inspector 
of  locomotive  boilers  is  continued.  Said  inspector  shall  be  appointed  by  the 
public  service  commissions  and  shall  receive  a  compensation  to  be  fixed  by 
the  commission,  not  exceeding  three  thousand  dollars  per  year.  He  shall, 
under  the  direction  of  the  commission,  inspect  boilers  or  locomotives  used 
by  railroad  corporations  operating  steam  railroads  within  the  state,  and 
may  cause  the  same  to  be  tested  by  hydrostatic  test  and  shall  perform 
such  other  duties  in  connection  with  the  inspection  and  test  of  locomotive 
boilers  as  the  commission  shall  direct.  But  this  section  shall  not  relieve 
any  railroad  corporation  from  the  duties  imposed  by  the  preceding  section. 

§  74.  Care  of  steam  locomotives;  steam  and  water  cocks;  penalty. — It 
shall  be  the  duty  of  every  corporation  operating  a  steam  railroad,  within 
this  state,  and  of  its  directors,  managers  or  superintendents,  to  cause  the 
boiler  of  every  locomotive  used  on  such  railroad  to  be  washed  out  as  often 
as  once  every  thirty  days,  and  to  equip  each  boiler  with  and  maintain 
thereon  at  all  times,  a  water  glass,  showing  the  height  of  water  in  the 
boiler,  having  two  valves  or  shut-off  cocks,  one  at  each  end  of  such  glass, 
which  valves  or  shut- off  cocks  shall  be  .so  constructed  that  they  can  be 
easily  opened  and  closed  by  hand;  also  to  cause  such  valves  or  shut-off 
cocks  and  all  gauge  cocks  or  try-cocks  attached  to  the  boiler  to  be  removed 
and  cleaned  whenever  the  boiler  is  washed  out  pursuant  to  the  foregoing 
requirements  of  this  section;  also  to  keep  all  steam  valves,  cocks  and  joints, 
studs,  bolts  and  seams  in  such  repair  that  they  will  not  at  any  time  emit 
steam  in  front  of  the  engineer,  so  as  to  obscure  his  vision.  No  locomotive 
shall  hereafter  be  driven  in  this  state  unless  the  same  is  equipped  and  cared 
for  in  conformity  with  the  provisions  of  this  section;  but  nothing  herein 
contained  shall  be  construed  to  excuse  the  observance  of  any  other  require- 
ment imposed  by  this  chapter  upon  railroad  corporations,  their  directors, 
officers,  managers  and  superintendents.  Every  corporation,  person  or  per- 
sons operating  a  steam  railroad  and  violating  any  of  the  provisions  of  this 
section,  shall  be  liable  to  a  penalty  of  one  hundred  dollars  for  each  offense, 
and  the  further  penalty  of  ten  dollars  for  each  day  that  such  violation 
shall  continue.  The  public  service  commission  shall  enforce  the  provisions  of 
this  section. 

§  75.  Public  service  commission  may  approve  other  safeguards. — The  pub- 
lic service  commission  may,  on  the  application  of  any  railroad  corporation, 
authorize  it  to  use  any  other  safeguard  or  device  approved  by  the  com- 
mission, in  place  of  any  safeguard  or  device  hereinbefore  required  by  this 
article,  which  shall  thereafter  be  used  in  lieu  thereof,  and  the  same  penalties 
for  neglect  or  refusal  to  use  the  same  shall  be  incurred  and  imposed  as  for 
a  failure  to  use  the  safeguard  or  device  hereinbefore  required,  in  lieu  of 

which  the  same  is  to  be  used. 

•  ****•»»» 

§  77.  Equipment  of  engines. —  It  shall  be  unlawful  for  any  railroad  com- 
pany to  use  within  the  state  on  its  line  or  lines  any  locomotive  engine  not 
equipped  with  a  power  driving  wheel  brake  and  appliances  for  operating 
the  train  brake  system. 


LAWS  RELATING  TO  LABOH.  *  175 

§  78.  Coal  jimmies  and  caboose  cars. —  The  use  of  cars  known  and  designated 
as  "  coal  jimmies  "  in  any  form  and  the  use  of  any  car  as  a  caboose  unless 
it  shall  have  a  suitable  and  safe  platform  at  each  end  thereof,  and  the  usual 
railing  for  the  protection  of  persons  using  such  platform,  shall  be  unlawful 
within  the  state,  except  upon  any  railroad  whose  main  line  is  less  than  fifteen 
miles  in  length  and  whose  average  grade  exceeds  two  hundred  feet  to  the 
mile.  This  section  shall  not  be  construed  to  authorize  the  interchange  of 
such  "  coal  jimmies  "  with,  and  the  use  thereof  upon,  railroads  of  more  than 
fifteen  miles  in  length  or  whose  average  grade  is  less  than  two  hundred  feet 
to  the  mile. 

From  and  after  the  first  day  of  July,  nineteen  hundred  and  twenty,  it 
shall  be  unlawful  for  any  corporation  or  individual  to  man,  equip,  or  to  use 
within  the  state  on  any  railroad  a  caboose  car,  or  car  to  serve  the  purpose  of 
a  caboose  car,  which  shall  i>e  less  than  twenty-four  feet  in  length  exclusive 
of  the  platform,  or  which  shall  have  a  center  constructive  strength  less  than 
that  of  the  fifty  ton  freight  cars  built  according  to  master  car  builders' 
standards.  Such  caboose  or  other  equivalent  car  shall  be  corrstructed  with 
steel  center  sills  with  two  four-wheel  trucks;  with  each  platform  not  less 
than  twenty-four  inches-  wide,  with  proper  guard  rails,  grab  irons  and  steps, 
which  shall  be  equipped  with  a  suitable  rod,  board  or  other  guard  designed 
to  prevent  slipping  from  the  car  step.  Each  such  car  shall  have  a  door  at 
each  end  and  shall  be  equipped  with  four  separate  sleeping  berths  not  less 
than  six  feet  and  two  inches  in  length.  Each  'Such  car  shall  contain  a  prop- 
erly furnished  toilet  room,  sink,  ice  box,  water  cooler,  clothing  lockers,  and 
with  a  cupoja  of  sufficient  size  to  ^accommodate  at  least  two  men.  Whenever 
any  caboose  or  other  car  used  for  like  purpose  now  in  use  by  any  such  rail- 
road company  shall,  after  this  act  goes  into  effect,  be  brought  into  any  shop 
for  general  repairs  it  shall  be  unlawful  to  again  put  the  same  into  use  within 
this  state,  as  a  caboose  or  other  car  used  for  like  purpose  unless  it  be 
equipped  as  provided  in  this  act. 

This  section  shall  not  apply  to  cabooses  or  other  equivalent  cars  used  in  the 
switching  service  or  on  trains  operated  wholly  within  twenty-five  miles  of 
yard  limits. 

Any  violation  of  the  provisions  of  this  section  shall  be  a  misdemeanor, 
punishable  by  a  fine  of  not  less  than  one  hundred  dollars  nor  more  than  five 
hundred  dollars  for  each  separate  offense.  This  penalty  is  in  addition  to  that 
provided  for  in  section  eighty-one  of  this  chapter.  [As  am'd  by  L.  1913,  ch. 
497.] 

§  79.  Air-brakes. —  It  shall  be  unlawful  for  any  railroad  or  other  company 
to  haul  or  permit  to  be  hauled  or  used  on  its  line  or  lines  within  this  state 
any  freight  train  that  has  not  a  sufficient  number  of  cars  in  it  so  equipped 
with  continuous  power  or  air-brakes  that  the  engineer  on  the  locomotive 
drawing  such  train  can  control  its  speed  without  requiring  brakemen  to 
use  the  common  hand  brake  for  that  purpose. 

§  80.  Couplers. —  It  shall  be  unlawful  for  any  railroad  or  other  company 
to  haul,  or  permit  to  be  hauled  or  used,  on  its  line  or  lines  within  the 
state,  any  freight  car  not  equipped  with  couplers  of  the  master  car  builders' 
type,  and  coupling  automatically  by  impact,  and  which  can  be  uncoupled, 
except  in  cases  of  accident,  without  the  necessity  of  men  going  between  the 
ends  of  the  cars. 


176  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

§  81.  Violation  of  four  preceding  sections. —  Any  railroad  or  other  company 
hauling  or  permitting  to  be  hauled  on  its  line  or  lines  any  train  in  viola- 
tion of  any  of  the  provisions  of  the  preceding  four  sections  shall  be  liable 
to  a  penalty  of  one  hundred  dollars  for  each  and  every  violation,  to  be 
recovered  in  an  action  to  be  brought  by  the  public  service  commission  in  the 
name  of  the  people  and  in  the  judicial  district  wherein  the  principal  office  of 
the  company  within  the  state  is  located. 

PENAL  LAW,  CIIAPTEE  40  OF  THE  CONSOLIDATED  LAWS. 

§  1988.  Guard  posts;  automatic  couplers. —  All  corporations  and  persons 
other  than  employees,  operating  any  steam  railroad  in  this  state: 

1.  Failing!  to  cause  guard  posts  to  be  placed  in  prolongation  of  the  line 
of  bridge  trusses  upon  such  railroad,  so  that  in  case  of  derailment,  the  posts 
and  not  the  trusses  shall  receive  the  blow  of  the  derailed  locomotive  or  car, 
or  in  lieu  thereof  failing  to  cause  guard  rails  to  be  placed  within  the  running 
rails  of  its  track,  or  such  other  safeguard  as  the  public  service  commission 
shall  order,  for  the  same  purpose;  or 

2.  Failing  to  equip  all  of  their  own  freight  cars,  run  and  used  in  freight 
or  other  trains  on   such   railroad,  with  automatic  self-couplers,  or   running 
or  operating  on*  such  railroad  any  freight  car  belonging  to  any  such  person 
or  corporation,  without  having  the  same  equipped,  except  in  case  of  accident 
or  other  emergency,  with  automatic  self-couplers,  and  except  within  the  ex- 
tended time  allowed  by  the  public  service  commission,  in  pursuance  of  law, 
for  equipping  such  car  with  such  couplers,  is  guilty  of  a  misdeameanor,  pun- 
ishable by  a  fine  of  five  hundred  dollars  for  each  offense.     [As  am'd  by  L. 
1913,  ch.  398.] 

PUBLIC  SERVICE  COMMISSIONS  LAW,  CHAPTER,  48  OP  THE  CONSOLIDATED  LAWS. 
§  47.  Investigation  of  accidents.— Each  commission  shall  investigate  the 
cause  of  all  accidents  on  any  railroad  or  street  railroad  within  its  district 
which  result  in  loss  of  life  or  injury  to  persons  or  property,  and  which  in  its 
judgment  shall  require  investigation.  Every  common  carrier,  railroad  cor- 
poration and  street  railroad  corporation  is  hereby  required  to  give  imme- 
diate notice  to  the  commission  of  every  accident  happening  upon  any  line 
of  railroad  or  street  railroad  owned,  operated,  controlled  or  leased  by  it, 
within  the  territory  over  which  such  commission  has  jurisdiction  in  such 
manner  as  the  commission  may  direct.  Such  notice  shall  not  be  admitted 
as  evidence  or  used  for  any  purpose  against  such  common  carrier,  railroad 
corporation  or  street  railroad  corporation  giving  such  notice  in  any  suit 
or  action  for  damages  growing  out  of  any  matter  mentioned  in  said  notice. 

See  also  §  66  authorizing  the  Commissions  to  order  improvements  necessary  to 
protect  persons  employed  in  the  manufacture  and  distribution  of  gas  or  electricity, 
and  §  80  for  similar  power  as  to  the  manufacture  and  distribution  of  steam  for 
heat  or  power. 

FULL  CREW  LAW. 

THE  RAILROAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 

§  54-a.  Full  crews  for  certain  trains. —  No  person,  corporation,  trustee, 
receiver,  or  other  court  officer,  shall  run  or  operate,  or  cause  to  be  run  or 
operated,  outside  of  the  yard  limits,  on  any  railroad  of  more  than  fifty  miles 
in  length  within  this  state,  a  freight  train  of  more  than  twenty-five  cars,  unless 


LAWS  RELATING  TO  LABOR.         *  177 

said  train  shall  be  manned  with  a  crew  of  not  less  than  one  engineer,  one 
fireman,  one  conductor  and  three  brakemen ;  nor  any  train  other  than  a  freight 
train  of  five  cars  or  more,  without  a  crew  of  not  less  than  one  engineer,  one 
fireman,  one  conductor  and  two  brakemen,  and  if  the  train  is  a  baggage  train 
or  a  passenger  train  having  a  baggage  car  or  .baggage  compartment  without 
a  baggageman  in  addition  to  said  crew;  nor  any  freight  train  of  twenty -five 
cars  or  less  without  a  crew  of  not  less  than  one  engineer,  one  fireman,  one 
conductor  and  two  -brakeman ;  nor  any  light  engine  without  a  car  or  cars, 
without  a  crew  of  not  less  than  one  engineer,  one  fireman  and  one  conductor 
or  brakeman.  Each  separate  violation  of  the  provisions  of  this  section  shall 
be  a  misdemeanor  punishable  by  a  fine  of  not  less  than  one  hundred  dollars 
nor  more  than  five  hundred  dollars.  Each  train  or  light  engine  run  in  viola- 
tion of  the  provisions  of  this  section  shall  be  deemed  to  be  a  separate  offense. 
[Added  ly  L.  1913,  ch.  146.] 

ENCLOSURE  OF  STREET  CAR  PLATFORMS. 

THE  RAILROAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 

§  194.  Protection  of  employees. —  Every  corporation  operating  a  street 
surface  railroad  in  this  state,  except  such  as  operate  a  railroad  or  railroads 
either  in  the  borough  of  Manhattan  or  Brooklyn,  in  the  city  of  New  York, 
shall  cause  the  front  and  rear  platforms  of  every  passenger  car  propelled 
by  electricity,  cable  or  compressed  air,  operated  on  any  division  of  such  rail- 
road which  extends  in  or  between  towns  or  outside  of  city  limits,  during 
the  months  of  December,  January,  February  and  March,  except  cars  attached 
to  the  rear  of  other  cars,  to  be  inclosed  from  the  fronts  of  the  platforms 
to  the  fronts  of  the  hoods,  so  as  to  afford  protection  to  any  person  stationed 
by  such  corporation  on  such  platforms  to  perform  duties  in  connection  with 
the  operation  of  such  cars.  Every  corporation  or  person  using  and  operating 
a  car  in  violation  of  this  section  shall  be  liable  to  a  penalty  of  twenty-five 
dollars  per  day  for  each  car  so  used  and  operated,  to  be  collected  in  an 
action  brought  by  the  public  service  commission  and  to  be  paid  to  the  treas- 
urer of  the  state  of  New  York,  or  in  a  suit  by  the  attorney  of  the  munici- 
pality in  which  the  violation  of  the  provisions  of  this  section  occurs,  to  be 
paid  into  the  treasury  of  such  municipality. 

§  195.  Platforms  on  new  cars,  how  constructed.— All  street  surface  rail- 
road passenger  cars  purchased,  built  or  rebuilt  after  the  first  day  of  De- 
cember, nineteen  hundred  and  four,  and  operated  in  the  state  of  New  York 
on  and  after  said  date,  except  those  owned  by  any  company  operating  either 
in  the  borough  of  Manhattan  or  Brooklyn,  in  the  city  of  New  York,  shall 
be  constructed  in  accordance  with  the  provisions  of  the  preceding  section. 

§  196.  Protection  to  employees  in  the  counties  of  Albany  and  Rensselaer. — 
Every  corporation  operating  a  street  surface  railroad  in  the  counties  of 
Albany  and  Rensselaer  shall  cause  the  front  and  rear  platforms  of  every  car 
propelled  by  electricity,  cable  or  compressed  air,  during  the  months  of  De- 
cember, January,  February  and  March,  except  cars  attached  to  the  rear 
of  other  cars,  to  be  inclosed  from  the  front  and  at  least  one  side  of  the 
platform  to  the  hood,  so  as  to  afford  protection  to  any  person  stationed 
by  such  corporation  on  such  platforms  to  perform  duties  in  connection 
with  the  operation  of  such  cars.  Platforms  on  cars  on  such  street  surface 
railroads  used  more  than  one  mile  outside  the  limits  of  a  city  shall  be  com- 


178  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

pletely  inclosed  from  platform  to  hood.  Every  corporation  using  and 
operating  a  car  in  violation  of  this  section  shall  be  liable  to  a  penalty  of 
twenty- five  dollars  per  day  for  each  car  so  used  and  operated,  to  be  col- 
lected by  the  people  to  the  use  of  the  poor  of  the  county  in  which  such 
corporation  has  its  principal  office,  in  an  action  brought  by  the  public 
service  commission  or  the  district  attorney  of  such  county.  The  supreme 
court  may,  on  the  application  of  a  citizen,  direct  the  district  attorney  to 
bring  such  action. 

§  197.  Protection  of  employees  in  the  counties  of  Kings  and  Queens. — 
Every  corporation  operating  a  street  surface  railroad  in  the  counties  of  Kings 
or  Queens,  shall  cause  the  front  and  rear  platforms  of  every  passenger  car 
propelled  by  electricity,  cable  or  compressed  air,  operated  on  any  division  of 
such  railroad  during  the  months  of  December,  January,  February  and  March, 
except  cars  attached  to  the  rear  of  other  cars,  to  be  inclosed  from  the  fronts 
of  the  platforms  to  the  fronts  of  the  hoods  so  as  to  afford  protection  to  any 
person  stationed  by  such  corporation  on  such  platforms  to  perform  duties 
connected  with  the  operation  of  such  cars.  Every  corporation  or  person 
using  and  operating  a  car  in  violation  of  this  section  shall  be  liable  to  a 
penalty  of  twenty-five  dollars  per  day  for  each  car  used  and  operated,  to 
be  collected  in  an  action  brought  by  the  public  service  commission  and  to 
be  paid  to  the  treasurer  of  the  city  of  New  York,  or  in  a  suit  by  the  district 
attorney  of  the  counties  of  Kings  or  Queens  to  be  paid  into  the  treasury 
of  the  city  of  New  York. 

QUALIFICATIONS    OF    ENGINEERS    AND    TELEGRAPHERS. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 
§  1982.  Person  unable  to  read  not  to  act  or  be  employed  as  engineer. — Any 
person  unable  to  read  the  time-tables  of  a  railroad  and  ordinary  handwriting, 
who  acts  as  an  engineer  or  runs  a  locomotive  or  train  on  any  railroad  in  this 
state ;  or  any  person  who,  in  his  own  behalf,  or  in  the  behalf  of  any  other  per- 
son or  corporation,  knowingly  employs  a  person  so  unable  to  read  to  act  as 
such  engineer  or  to  run  any  such  locomotive;  or  who  employs  a  person  as  a 
telegraph  operator  who  is  under  the  age  of  eighteen  years,  or  who  has  less 
than  one  year's  experience  in  telegraphing,  to  receive  or  transmit  a  tele- 
graphic message  or  train  order  for  the  movement  of  trains,  is  guilty  of  a 
misdemeanor. 

QUALIFICATIONS  OF  STREET  RAILWAY  CONDUCTORS,  MOTORMEN,  ETC. 

THE  RAILROAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 
§  63.  Persons  employed  as  drivers,  conductors,  motormen  or  gripmen.— 
Any  railroad  corporation  may  employ  any  inhabitant  of  the  state,  of  the 
age  of  twenty-one  years,  not  addicted  to  the  use  of  intoxicating  liquors,  as 
a  car  driver,  conductor,  motorman  or  gripman,  or  in  any  other  capacity,  if 
fit  and  competent  therefor.  All  applicants  for  positions  as  motormen  or 
gripmen  on  any  street  surface  railroad  in  this  state  shall  be  subjected  to 
a  thorough  examination  by  the  officers  of  the  corporation  as  to  their  habits, 
physical  ability  and  intelligence.  If  this  examination  is  satisfactory,  the 
applicant  shall  be  placed  in  the  shop  or  power  house  where  he  can  be  made 
familiar  with  the  power  and  machinery  he  is  about  to  control.  He  shall 


LAWS  RELATING  TO  LABOR.  *  179 

then  be  placed  on  a  car  with  an  instructor,  and  when  the  latter  is  satisfied 
as  to  the  applicant's  capability  for  the  position  of  motorman  or  gripman, 
he  shall  so  certify  to  the  officers  of  the  company,  and,  if  appointed,  the 
applicant  shall  first  serve  on  the  lines  of  least  travel.  Any  violation  of  the 
provisions  of  this  section  shall  be  a  misdemeanor. 

EMPLOYMENT  OF  INTEMPERATE  PERSONS  ON  RAILWAYS  AND 

STEAMBOATS. 

PENAL  LAW,  CHAPTER  40  or  THE  CONSOLIDATED  LAWS. 
§  1913.  Employment  by  common  carrier  of  person  addicted  to  intoxication. 
—  Any  person  or  officer  of  an  association  or  corporation  engaged  in  the  busi- 
ness of  conveying  passengers  or  property  for  hire,  who  shall  employ  in  the 
conduct  of  such  business,  as  an  engineer,  fireman,  conductor,  switch-tender, 
train  dispatcher,  telegrapher,  commander,  pilot,  mate,  fireman  or  in  other 
like  capacity,  so  that  by  his  neglect  of  duty,  the  safety  and  security  of  life, 
person  or  property  so  conveyed  might  be  imperiled,  any  person  who  habitually 
indulges  in  the  intemperate  use  of  liquors,  after  notice  that  such  person  has 
been  intoxicated,  while  in  the  active  service  of  such  person,  association  or 
corporation,  shall  be  guilty  of  a  misdemeanor. 

§  1984.  Intoxication  or  other  misconduct  of  railroad  or  steamboat  em- 
ployees.—  1.  Any  person  who,  being  employed  upon  any  railway  as  engineer, 
conductor,  baggagemaster,  brakeman,  switch-tender,  fireman,  bridge- tender, 
flagman,  signal  man,  or  having  charge  of  stations,  starting,  regulating  or 
running  trains  upon  a  railroad,  or,  being  employed  as  captain,  engineer  or 
other  officer  of  a  vessel  propelled  by  steam,  is  intoxicated  while  engaged  in 
the  discharge  of  any  such  duties;  or, 

2.  An  engineer,  conductor,  brakeman,  switch- tender,  or  other  officer,  agent 
or  employee  of  any  railroad  corporation,  who  wilfully  violates  or  omits  his 
duty  as  such  officer,  agent  or  employee,  by  which  human  life  or  safety  19 
endangered,  the  punishment  of  which  is  not  otherwise  prescribed, 

Is  guilty  of  a  misdemeanor. 

See  also  §§  322-328  of  the  Highway  Law  (ch.  25  of  the  Consolidated  Laws) 
forbidding  the  employment  of  persons  addicted  to  drunkenness  by  owners  of  public 
carriages. 

MISCONDUCT  OF  OFFICIALS  OR  EMPLOYEES  ON  ELEVATED  RAILROADS. 
PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  1983.  Misconduct  of  officials  or  employees  on  elevated  railroads. —  Any 
conductor,  brakeman,  or  other  agent  or  employee  of  an  elevated  railroad, 
who: 

1.  Starts  any  train  or  car  of  such  railroad,  or  gives  any  signal  or  order  to 
any  engineer  or  other  person  to  start  any  such  train  or  car,  before  every 
passenger  therein  who  manifests  an  intention  to  depart  therefrom  by  arising, 
or  moving  toward  the  exit  thereof,  has  departed  therefrom;  or  before  every 
-passenger  on  the  platform  or  station  at  which  the  train  has  stopped,  who 
manifests  a  desire  to  enter  the  train,  has  actually  boarded  or  entered  the 
same,  unless  due  notice  is  given  by  an  authorized  employee  of  such  railroad 
that  the  train  is  full,  and  that  no  more  passengers  can  then  be  received;  or, 

2.  Obstructs   the  lawful  ingress  or  egress  of  a  passenger  to  or  from  any 
such  car;  or, 


180  *      KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

3.  Opens  a  platform  gate  of  any  such  car  while  the  train  is  in  motion,  or 
starts  such  train  before  such  gate  is  firmly  closed, 
Is  guilty  of  a  misdemeanor. 
Formerly  Penal  Code,  §  419. 

WEARING   OF  UNIFORMS   AND   BADGES. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  1989.  Inciting  railroad  employees  not  to  wear  uniform;  unauthorized 
wearing  of  uniform. —  A  person  who: 

1.  Advises  or  induces  any  one,  being  an  officer,  agent  or  employee  of  a  rail- 
way company,  to  leave  the  service  of  such  company,  because  it  requires  a 
uniform  to  be  worn  by  such  officer,  agent  or  employee,  or  to  refuse  to  wear 
such  uniform,  or  any  part  thereof;   or, 

2.  Uses  any  inducement  with  a  person  employed  by  a  railway  company  to 
go  into  the  service  or  employment  of  any  other  railway  company,  because 
a  uniform  is  required  to  be  worn;  or, 

3.  Wears  the  uniform  designated  by  a  railway  company  without  authority, 
Is  guilty  of  a  misdemeanor. 

RAILROAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 
§  65.  Conductors  and  employees  must  wear  badges. —  Every  conductor 
and  employee  of  a  railroad  corporation  employed  on  a  passenger  train,  or  at 
stations  for  passengers,  shall  wear  upon  his  hat  or  cap  a  badge,  which  shall 
indicate  his  office  or  employment,  and  the  initial  letters  of  the  corporation 
employing  him.  No  conductor  or  collector  without  such  badge  shall  demand 
or  receive  from  any  passenger  any  fare  or  ticket  or  exercise  any  of  the 
powers  of  his  employment.  No  officer  or  employee  without  such  badge 
shall  meddle  or  interfere  with  any  passenger,  his  baggage  or  property. 

CONDUCTORS    AND    TRAINMEN    AS     POLICEMEN. 

RAILROAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 

§  88.  When  conductors  and  brakemen  may  be  policemen. —  The  governor 
may  appoint  any  conductor  or  brakeman  on  any  train  conveying  passengers 
on  any  steam  railroad  in  this  state,  a  policeman,  with  all  the  powers  of  a 
policeman  in  cities  and  villages,  for  the  preservation  of  order  and  of  the 
public  peace,  and  the  arrest  of  all  persons  committing  offenses  upon  the 
land  or  property  of  the  corporation  owning  or  operating  such  railroad;  and 
he  may  also  appoint,  on  the  application  of  any  such  corporation,  or  of  any 
steamboat  company,  such  additional  policemen,  designated  by  it,  as  he  may 
deem  proper,  who  shall  have  the  same  powers.  Every  such  policeman  shall 
within  fifteen  days  after  receiving  his  commission,  and  before  entering  upon 
the  duties  of  his  office,  take  and  subscribe  the  constitutional  oath  of  office, 
and  file  it  with  his  commission  in  the  office  of  the  secretary  of  state.  The 
post-office  address  of  the  person  appointed  shall  appear  in  the  commission, 
and  whenever  such  address  is  changed  the  person  appointed  shall  file  with 
the  governor  a  statement  of  the  new  address.  Every  such  policeman  shall 
when  on  duty  wear  a  metallic  shield  with  the  words  "  railroad  police "  or 
"  steamboat  police,"  as  the  case  may  be,  and  the  name  of  the  corporation 
for  which  appointed  inscribed  thereon,  which  shall  always  be  worn  in  plain 
view,  except  when  employed  as  a  detective.  The  compensation  of  every 


LAWS  RELATING  TO  LABOR.  *  181 

such  policeman  shall  be  such  as  may  be  agreed  upon  between  him  and  the 
corporation  for  which  he  is  appointed,  and  shall  be  paid  by  the  corporation. 
When  any  corporation  shall  no  longer  require  the  services  of  any  such 
policeman  it  may  file  notice  to  that  effect  in  the  office  in  which  notice  of  his 
appointment  was  originally  filed,  and  thereupon  such  appointment  shall 
cease  and  be  at  an  end.  The  governor  may  also  at  pleasure  revoke  the 
appointment  of  any  such  policeman  by  filing  a  revocation  thereof  in  the 
office  of  the  secretary  of  state  and  mailing  a  notice  of  such  filing  to  the 
corporation  for  which  he  was  appointed,  and  also  to  the  person  whose  ap- 
pointment is  revoked,  at  his  last  post-office  address  as  the  same  appears 
in  the  commission  or  the  latest  statement  thereof  on  file.  If  such  person 
thereafter,  knowing  of  such  revocation  or  having  in  any  manner  received 
notice  thereof,  exercises  or  attempts  to  exercise  any  of  the  powers  of  a 
policeman,  under  this1  section,  he  shall  be  guilty  of  a  misdemeanor;  and  the 
filing  and  mailing  of  such  notice,  as  above  provided,  shall  be  presumptive 
evidence  that  such  person  knew  of  the  revocation.  [As  am'd  by  L.  1911, 
ch.  817.] 

PROVIDING  FOR  BAIL  OF  RAILWAY  EMPLOYEES  IN  CASES  OF  ACCIDENT. 

CODE  OF  CRIMINAL  PROCEDURE. 

§  554-a.  Bail  of  certain  railroad  employees. —  Whenever  a  person  employed! 
as  an  engineer,  fireman,  motorman,  conductor,  trainman  or  otherwise,  on  a 
train  or  car  of  a  steam,  elevated  or  street  surface  railroad,  is  arrested  in 
any  city  on  a  criminal  charge,  arising  from  an  accident  in  connection  with 
the  operation  of  such  train  or  car,  resulting  in  an  injury  or  death  to  a  per- 
son or  injury  to  property,  such,  engineer,  fireman,  motorman,  conductor,  train- 
man or  other  employee,  shall  be  immediately  taken  before  a  magistrate,  if 
one  is  accessible,  and  otherwise,  before  a  captain  or  sergeant  of  police,  or 
acting  sergeant  of  police,  or  lieutenant  of  police,  in  charge  of  a  police  station 
in  such  city,  and  be  given  an  opportunity  to  be  admitted  to  bail.  Such  bail 
shall  be  taken  in  the  same  manner,  so  far  as  practicable,  as  is  provided  by 
section  five  hundred  and  fifty-four  of  this  code,  for  the  taking  of  bail  in 
case  of  misdemeanors  by  a  captain  or  sergeant  of  police,  or  acting  sergeant 
of  police,  or  lieutenant  of  police,  in  a  city  or  village,  except  that  the  amount 
of  bail  shall  be  fixed  by  such  officer  at  not  exceeding  one  thousand  dollars, 
and  except  that  the  undertaking  shall  provide  for  the  appearance  of  the 
defendant  before  the  magistrate,  coroner,  or  other  officer,  who,  except  for  this 
section,  would  be  authorized  to  take  such  bail.  Such  officer  may,  however, 
in  his  discretion,  instead  of  exacting  bail,  release  such  employee  on  his 
own  recognizance,  conditional  for  his  appearance  as  above  provided  in  case 
an  undertaking  is  required.  [Added  by  L.  1903,  ch.  614;  am'd  by  L.  1912, 
ch.  99.] 

UNCLAIMED     ARTICLES    FOUND    IN    PUBLIC     VEHICLES    TO    BE    SOLD    FOE 
BENEFIT    OF  EMPLOYEES'    ASSOCIATION. 

RAILROAD  LAW,  CHAPTER  49  OF  THE  CONSOLIDATED  LAWS. 

§  199.  Sale  of  unclaimed  property. —  It  shall  be  the  duty  of  every  street 
surface  railroad  corporation  doing  business  in  this  state,  and  of  every  cor- 
poration engaged  in  this  state  in  the  business  of  carrying  passengers  for 
hire  in  cabs,  coaches,  or  other  similar  vehicles  or  of  letting  such  vehicles  for 


182  ••"      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

hire,  or  in  the  business  of  operating  a  line  of  stages  or  omnibuses,  which 
shall  have  unclaimed  property  left  in  its  cars,  cabs,  coaches,  stages  or  other 
similar  vehicles,  to  ascertain  if  possible,  the  owner  or  owners  of  such  prop- 
erty, and  to  notify  such  owner  or  owners  of  the  fact  by  mail  as  soon  as  pos- 
sible, after  such  property  comes  into  its  possession.  Every  such  corporation 
which  shall  have  such  property  r.ot  perishable,  in  its  possession  for  the  period 
of  three  months,  may  sell  the  same  at  public  auction,  after  giving  notice 
to  that  effect,  by  one  publication,  at  least  ten  days  prior  to  the  sale,  in  a 
daily  newspaper  published  in  the  city  or  village  in  which  such  sale  is  to  take 
place,  of  the  time  and  place  at  which  such  sale  will  be  held,  and  such  sale 
may  be  adjourned  from  time  to  time  until  all  the  articles  offered  for  sale 
are  sold.  All  perishable  property  so  left,  may  be  sold  by  any  such  corpora- 
tion without  notice,  as  soon  as  it  can  be,  upon  the  best  terms  that  can  be 
obtained. 

§  200.  Disposition  of  proceeds.— All  moneys  arising  from  the  sale  of  any 
such  unclaimed  property,  after  deducting  charges  for  storage  and  expenses  of 
sale,  shall  be  paid  by  any  such  corporation  to  the  treasurer  of  any  associa- 
tion, composed  of  the  employees  of  such  corporation,  having  for  its  object  the 
pecuniary  assistance  of  its  members  in  case  of  disability  caused  by  sickness 
or  accident,  for  the  use  and  benefit  of  such  association  and  its  members;  and 
where  no  such  association  of  the  employees  of  any  such  corporation  is  in 
existence  at  the  time  of  any  such  sale,  such  moneys  shall  be  paid  over  to  the 
county  treasurer  of  the  county  or  if  in  a  city,  to  the  chief  fiscal  officer 
thereof,  in  which  such  sale  took  place  for  the  benefit  of  such  city  or  county. 

Cf.    Railroad  Law,  §  68,  relating  to  sale  of  •'  Unclaimed  freight  and  baggage." 

COMPLAINTS  TO  PUBLIC  SERVICE   COMMISSIONS. 

PUBLIC  SERVICE  COMMISSIONS  LAW,  CHAPTER  48  OF  THE  CONSOLIDATED  LAWS. 
§  45.  General  powers  and  duties  of  commissions  in  respect  to  common  car- 
riers, railroads  and  street  railroads.—  *  *  *  2.  Each  commission  shall 
have  the  general  supervision  of  all  common  carriers,  railroads,  street  railroads, 
railroad  corporations  and  street  railroad  corporations  within  its  jurisdiction 
as  hereinbefore  defined,  and  shall  have  power  to  and  shall  examine  the  same 
and  keep  informed  as  to  their  general  condition,  their  capitalization,  their 
franchises  and  the  manner  in  which  their  lines  and  property,  owned,  leased, 
controlled  or  operated,  are  managed,  conducted  and  operated,  not  only  with 
respect  to  the  adequacy,  security  and  accommodation  afforded  by  their  service, 
but  also  with  respect  to  their  compliance  with  all  provisions  of  law,  orders 
of  the  commission  and  charter  requirements.  Each  commission  shall  have 
power,  either  through  its  members  or  responsible  engineers  or  inspectors  duly 
authorized  by  it,  to  enter  in  or  upon  and  to  inspect  the  property,  equipment, 
buildings,  plants,  factories,  power-houses  and  offices  of  any  of  such  corpora- 
tions or  persons,  including  the  right  for  such  inspection  purpose  to  ride  upon 
any  freight  locomotive  or  train  or  any  passenger  locomotive  or  train  while 
in  service;  and  to  have  upon  reasonable  notice  the  use  of  an  inspection  loco- 
motive or  special  locomotive  and  inspection  car  for  a  physical  inspection  once 
annually  of  all  the  lines  and  stations  of  each  common  carrier  under  its  super- 
vision; and  to  the  extent  that  such  facilities  for  inspection  involve  transpor- 


LAWS  RELATING  TO  LABOR.  *  183 

tation  each  commissioner  and  each  such  employee  shall  pay  the  published 
one-way  fare  established  by  the  common  carrier  for  the  transportation  of 
persons  by  regular  passenger  trains  over  the  distance  covered  by  such  in- 
spection. The  cost  of  such  transportation,  if  the  commission  so  elects,  may 
be  paid  upon  bill  rendered  to  the  commission  after  the  transportation  has 
been  furnished  and  the  amount  thereof  ascertained. 

3.  Each  commission  and  each  commissioner  shall  have  power  to  examine 
all  books,  contracts,  records,  documents  and  papers  of  any  person  or  cor- 
poration subject  to  its  supervision,  and  by  subpoena  duces  tecum  to  compel 
production  thereof.  In  lieu  of  requiring  production  of  originals  by  subpoena 
duces  tecum,  the  commission  or  any  commissioner  may  require  sworn  copies 
of  any  such  books,  records,  contracts,  documents  and  papers  or  parts  thereof 

to  be  filed  with  it. 

********** 

§  48.  Investigations  by  commission. —  1.  Each  commission  may,  of  its.  own 
motion,  investigate  or  make  inquiry,  in  a  manner  to  be  determined  by  it, 
as  to  any  act  or  thing  done  or  omitted  to  be  done  by  any  common  carrier, 
railroad  corporation  or  street  railroad  corporation,  subject  to  its  supervision, 
and  the  commission  must  make  such  inquiry  in  regard  to  any  act  or  thing 
done  or  omitted  to  be  done  by  any  such  common  carrier,  railroad  corpora- 
tion or  street  railroad  corporation  in  violation  of  any  provision  of  law  or  in 
violation  of  any  order  of  the  commission. 

2.  Complaints  may  be  made  to  the  proper  commission  by  any  person  or 
corporation  aggrieved,  by  petition  or  complaint  in  writing  setting  forth  any 
thing  or  act  done  or  omitted  to  be  done  by  any  common  carrier,  railroad  cor- 
poration or  street  railroad  corporation  in  violation,  or  claimed  to  be  in  vio- 
lation, of  any  provision  of  law  or  of  the  terms  and  conditions  of  its  franchise 
or  charter  or  of  any  order  of  the  commission.     Upon  the  presentation  of  such 
a  complaint  the  commission  shall  cause  a  copy  thereof  to  be  forwarded  to 
the  person  or  corporation  complained  of,  which  may  be  accompanied  by  an 
order,   directed   to   such   person   or   corporation,   requiring  that   the   matters 
complained  of  be  satisfied,  or  that  the  charges  be  answered  in  writing  within 
a  time  to  be  specified  by  the  commission.     If  the  person  or  corporation  com- 
plained of  shall  make  reparation  for  any  injury  alleged  and  shall  cease  to 
commit,,  or  to  permit,  the  violation  of  law,  franchise  or  order  charged  in  the 
complaint,  and  shall  notify  the  commission  of  that  fact  before  the  time  al- 
lowed  for   answer,   the   commission   need  take   no   further   action   upon   the 
charges.    If,  however,  the  charges  contained  in  such  petition  be  not  thus  sat- 
isfied,   and    it   shall    appear   to   the    commission    that    there    are    reasonable 
grounds   therefor,  it   shall  investigate  such  charges  in  such  manner  and  by 
such  means  as  it  shall  deem  proper,  and  take  such  action  within  its  powers 
as  the  facts  justify. 

3.  Whenever  either  commission   shall   investigate   any   matter   complained 
of  by  any  person  or  corporation  aggrieved  by  any  act  or  omission  of  a  com- 
mon carrier,  railroad   corporation  or   street  railroad   corporation  under   this 
section  it  shall  be  its  duty  to  make  and  file  an  order  either  dismissing  the 
petition  or  complaint  or  directing  the  common  carrier,  railroad  corporation 
or  street  railroad  corporation  complained  of  to  satisfy  the  cause  of  complaint 
in  whole  or  to  the  extent  which  the  commission  may  specify  and  require. 


EDUCATION. 

THE    APPRENTICE    SYSTEM. 

[Apprenticeship  is  regulated  by  Article  VIII  of  the  Domestic  Relations  Law 
(printed  below),  which  is  to  be  enforced  by  the  commissioner  of  labor  (see  §  22  of 
the  Labor  Law,  ante).  The  Penal  Law  makes  it  a  misdemeanor  to  take  an  appren- 
tice without  the  consent  of  the  parent  or  guardian  (§  1275,  ante),  and  the  Code  of 
Criminal  Procedure  (Title  IX  of  Part  VI)  prescribes  the  proceedings  respecting 
masters,  apprentices  and  servants.] 

DOMESTIC  RELATIONS  LAW,  CHAPTER  14  OF  THE  CONSOLIDATED  LAWS. 

ARTICLE    8. 
Apprentices  ami   Servants. 

Section  120.  Definitions :  effect  of  article. 

121.  Contents  of  indenture. 

122.  Indenture  by  minor;  by  whom  signed. 

123.  Indenture  by  poor  officers ;  by  whom  signed. 

124.  Binding  out  children  by  charitable    corporation  ;  indenture ;   by  whom 

signed. 

125.  Penalty  for   failure   of   master  or   employer   to  perform  provisions   of 

indenture. 

126.  Assignment  of  indenture  on  death   of  master  or  employer. 

127.  Contract  with  apprentice  in  restraint  of  trade  void. 

§  120.  Definitions;  effect  of  article. —  The  instrument  whereby  a  minor  is 
bound  out  to  serve  as  a  clerk  or  servant  in  any  trade,  profession  or  employ- 
ment, or  is  apprenticed  to  learn  the  art  or  mystery  of  any  trade  or  craft, 
is  an  indenture. 

Every  indenture  made  in  pursuance  of  the  laws  repealed  by  this  chapter 
shall  be  valid  hereunder,  but  hereafter  a  minor  shall  not  be  bound  out  or 
apprenticed  except  in  pursuance  of  this  article. 

§  121.  Contents  of  indenture. —  Every  indenture  must  contain: 

1.  The  names  of  the  parties; 

2.  The  age  of  the  minor  as  nearly  as  can  be  ascertained,  which  age  on  the 
filing  of  the  indenture  shall  be  taken  prima  facie  to  be  the  true  age; 

3.  A  statement  of  the  nature  of  the  service  or  employment  to  which  the 
minor  is  bound  or  apprenticed; 

4.  The  term  of  service  or  apprenticeship,  stating  the  beginning  and  end 
thereof ; 

5.  An  agreement  that  the  minor  will  not  leave  his  master  or  employer  dur- 
ing the  term  for  which  he  is  indentured; 

6.  An  agreement  that  suitable  and  proper  board,  lodging  and  medical  attend- 
ance for  the  minor  during  the  continuance  of  the  term  shall  be  provided, 
either  by  the  master  or  employer,  or  by  the  parent  or  guardian  of  the  appren- 
tice; 

7.  A  statement  of  every  sum  of  money  paid  or  agreed  to  be  paid  in  rela- 
tion to  the  service; 

8.  If  such  minor  is  bound  as  an  apprentice  to  learn  the  art  or  mystery  of 
any  trade  or  craft,  an  agreement  on  the  part  of  the  employer  to  teach,  or 
cause  to  be  carefully  and  skillfully  taught,  to  such  apprentice,  every  branch 

[184] 


LAWS  KELATING  TO  LABOR.  *  185 

of  the  business  to  which  such  apprentice  is  indentured,  and  that  at  the  ex- 
piration of  such  apprenticeship  he  will  give  to  such  apprentice  a  certificate, 
in  writing,  that  such  apprentice  has  served  at  such  trade  or  craft  a  full  term 
of  apprenticeship  specified  in  such  indenture; 

9.  If  a  minor  is  indentured  by  the  poor  officers  of  a  county,  «ity  or  town, 
or  by  the  authorities  of  an  orphan  asylum,  penal  or  charitable  institution,  an 
agreement  that  the  master  or  employer  will  cause  such  child  to  be  instructed 
in  reading,  writing  and  the  general  rules  of  arithmetic,  and  that  at  the  ex- 
piration of  the  term  of  service  he  will  give  to  such  minor  a  new  bible. 

Every  such  indenture  shall  be  filed  in  the  office  of  the  county  clerk  of  the 
county  where  the  master  or  employer  resides. 

§  122.  Indenture  by  minor;  by  whom  signed. — Any  minor  may,  by  the 
execution  of  the  indenture  provided  by  this  article,  bind  himself  or  herself: 

1.  As  an  apprentice  to  learn  the  art  or  mystery  of  any  trade  or  craft  for  a 
term  of  not  less  than  three  nor  more  than  five  years; 

2.  As  a  servant  or  clerk  in  any  profession,  trade  or  employment  for  a  term 
of  service  not  longer  than  the  minority  of  such  minor,  unless  such  indenture 
be  made  by  a  minor  coming  from  a  foreign  country,  for  the  purpose  of  pay- 
ing his  passage,  when  such  indenture  may  be  made  for  a  term  of  one  year 
although  such  term  may  extend  beyond  the  time  when  such  person  will  be 
of  full  age. 

An  indenture  made  in  pursuance  of  this  section  must  be  signed, 

1.  By  the  minor; 

2.  By   the  father   of   the  minor   unless   he   is   legally   incapable   of  giving 
consent  or  has  abandoned  his  family; 

3.  By  the  mother  of  the  minor  unless  she  is  legally  incapable  of  giving 
consent; 

4.  By  the  guardian  of  the  person  of  the  minor,  if  any; 

5.  If  there  be  neither  parents  nor  guardian  of  the  minor  legally  capable 
of  giving  consent,  by  the  county  judge  of  the  county,  or  a  justice  of  the 
supreme   court  of  the   district,  in  which   the  minor  resides;    whose   consent 
shall  be  necessary  to  the  binding  out  or  apprenticing  in  pursuance  of  this 
section  of  a  minor  coming  from  a  foreign  country  or  of  the  child  of  an  Indian 
woman,  in  addition  to  the  other  consents  herein  provided; 

6.  By  the  master  or  employer. 

§  123.  Indenture  by  poor  officers;  by  whom  signed. —  The  poor  officers  of  a 
municipal  corporation  may,  by  an  execution  of  the  indenture  provided  by 
this  article,  bind  out  or  apprentice  any  minor  whose  support  shall  become 
chargeable  to  such  municipal  corporation. 

In  such  case  the  indenture  shall  be  signed, 

1.  By  the  officer  or  officers  binding  out  or  apprenticing  the  minor; 

2.  By  the  master  or  employer; 

3.  By  the  county  judge  of  the  county,  if  the  support  of  such  child  was 
chargeable  to  the  county,  by  two  justices  of  the  peace,  if  chargeable  to  the 
town,  or  by  the  mayor  and  aldermen  or  any  two  of  them,  if  chargeable  to 
the  city. 

The  poor  officers  by  whom  a  child  is  indentured  and  their  successors  in 
office  shall  be  guardians  of  every  such  child  and  shall  inquire  into  the  treat- 
ment thereof,  and  redress  any  grievance  as  provided  by  law. 


186  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

§  124.  Binding  out  children  by  charitable  corporation;  indenture;  by 
whom  signed. —  An  orphan  asylum  or  charitable  institution,  incorporated  for 
the  care  of  orphans,  friendless  or  destitute  children,  may  bind  out  as  an  ap- 
prentice, clerk  or  servant,  an  indigent  or  poor  child  by  an  indenture  in  writ- 
ing. Such  child  must  have  been  absolutely  surrendered  to  the  care  and  cus- 
tody of  such  asylum  or  institution  in  pursuance  of  this  chapter,  or  have 
been  placed  therein  as  a  poor  person,  as  provided  in  section  fifty-six  of  the 
poor  law,  or  have  been  left  to  the  care  of  such  asylum  or  institution  with  no 
provision  by  the  parent,  relative  or  legal  guardian  of  such  child,  for  its  sup- 
port, for  a  period  of  one  year  then  next  preceding.  Such  indenture  shall 
bind  such  child,  if  a  male,  'for  a  period  which  shall  not  extend  beyond  his 
twenty-first  year,  and  if  a  female,  for  a  period  which  shall  not  extend  beyond 
her  eighteenth  year.  Every  such  child  shall,  when  practicable,  be  bound  out 
or  apprenticed  to  persons  of  the  same  religious  faith  as  the  parents  of  such 
child.  The  indenture  shall  in  such  case  be  signed: 

1.  In  the  corporate  name  of  such  institution  by  the  officer  or  officers  thereof 
authorized  by  the  directors  to  sign  the  corporate  name  to  such  instrument, 
and  shall  be  sealed  with  the  corporate  seal; 

2.  By  the  master  or  employer. 

Such  indenture  may  also  be  signed  by  the  child,  if  over  twelve  years  of  age. 

§  125.  Penalty  for  failure  of  master  or  employer  to  perform  provisions  of 
indenture. —  If  a  master  or  employer  to  whom  a  minor  has  been  indentured 
shall  fail,  during  the  term  of  service,  to  perform  any  provision  of  such  in- 
denture on  his  part,  such  minor  or  any  person  in  his  behalf  may  bring  an 
action  against  the  master  or  employer  to  recover  damages  for  such  failure; 
and  if  satisfied  that  there  is  sufficient  cause,  the  court  shall  direct  such  in- 
denture to  be  canceled,  and  may  render  judgment  against  such  master  or  em- 
ployer for  not  to  exceed  one  thousand  nor  less  than  one  hundred  dollars,  to 
be  collected  and  paid  over  for  the  use  and  benefit  of  such  minor  to  the  corpo- 
ration or  officers  indenturing  such  minor,  if  so  indentured,  and  otherwise,  to 
the  parents  or  guardian  of  the  child. 

§  126.  Assignment  of  indenture  on  death  of  master  or  employer.— On  the 
death  of  a  master  or  employer  to  whom  a  person  is  indentured  by  the  poor 
officers  of  a  municipal  corporation,  the  personal  representatives  of  the  master 
or  employer  may,  with  the  written  and  acknowledged  consent  of  such  person, 
assign  such  indenture  and  the  assignee  shall  become  vested  with  all  the 
rights  and  subject  to  all  the  liabilities  of  his  assignor,  or  if  such  consent  be 
refused,  the  assignment  may  be  made  with  like  effect  by  the  county  judge  of 
the  county,  on  proof  that  fourteen  days'  notice  of  the  application  therefor 
has  been  given  to  the  person  indentured,  to  the  officers  by  whom  indentured, 
and  to  his  parent  or  guardian,  if  in  the  country. 

§  127.  Contract  with  apprentice  in  restraint  of  trade  void. —  No  person 
shall  accept  from  any  apprentice  any  agreement  or  cause  him  to  be  bound 
by  oath,  that  after  his  term  of  service  expires  he  will  not  exercise  his  trade, 
profession  or  employment  in  any  particular  place;  nor  shall  any  person  exact 
from  any  apprentice,  after  his  term  of  service  expires,  any  money  or  other 
thing,  for  exercising  his  trade,  profession  or  employment  in  any  place.  Any 
security  given  in  violation  of  this  section  shall  be  void;  and  any  money  paid, 
or  valuable  thing  delivered,  for  the  consideration,  in  whole  or  in  part,  of  any 


LAWS  RELATING  TO  LABOK.  *  187 

such  agreement  or  exaction,  may  be  recovered  by  the  person  paying  the  same 
with  interest;  and  every  person  accepting  such  agreement,  causing  such 
obligation  to  be  entered  into,  or  exacting  money  or  other  thing,  is  also 
liable  to  the  apprentice  in  the  penalty  of  one  hundred  dollars,  which  may 
be  recovered  in  a  civil  suit. 

INDUSTRIAL  TRAINING  IN  THE  PUBLIC  SCHOOLS, 

EDUCATION  LAW,  CHAPTEB  16  OF  THE  CONSOLIDATED  LAWS   (As  AMENDED  BY 

L.  1910,  CH.  140). 

ARTICLE  22. 

General    Industrial    Schools,    Trade    Schools,  and    Schools    of   Agricul- 
ture, Mechanic  Arts  and  Home   Making. 

Section  600.  General  industrial   schools,   trade  schools,   and   schools  of   agriculture, 
mechanic  arts  and  home  making,  may  be  established  in  cities. 

601.  fcuch  schools  may  be  established  in  union  free  school  districts. 

602.  Appointment   of  an  advisory   board. 

603.  Authority  of  the  board  of  education  over  such  schools. 

604.  State  aid  for  general  industrial  schools,  trade  schools,  and  schools  of 

agriculture,  mechanic  arts  and  home  making. 

605.  Application  of  such  moneys. 

606.  Annual  estimate  by  board  of  education  and  appropriations  by  municipal 

and  school  districts. 

607.  Courses  in  schools  of  agriculture  for  training  of  teachers. 

§  600.  General  industrial  schools,  trade  schools  and  schools  of  agriculture, 
mechanic  arts  and  home  making,  may  be  established  in  cities. —  The  board  of 
education  of  any  city,  and  in  a  city  not  having  a  board  of  education  (the 
officer  having  the  management  and  supervision  of  the  public  school  system, 
may  establish,  acquire,  conduct  and  maintain  as  a  part  of  the  public  school 
system  of  such  city  the  following: 

1.  General  industrial  schools  open  to  pupils  who  have  completed  the  ele- 
mentary school  course  or  who  have  attained  the  age  of  fourteen  years,  and 

2.  Trade  schools  open  to  pupils  who  have  attained  the  age  of  sixteen  years 
and  have  completed  either  the  elementary  school  course  or  a  course  in  the 
above  mentioned  general  industrial   school  or  who  have  met  such  other  re- 
quirements as  the  local  school   authorities  may  have  prescribed;    and 

3.  Schools  of  agriculture,  mechanic  arts  and  home  making,  open  to  pupils 
who  have  completed  the  elementary  school  course  or  who  have  attained  the 
age  of  fourteen,  or  who  have  met  such  other  requirements  as  the  local  school 
authorities  may  have  prescribed;  and 

4.  Part  time  or  continuation   schools  in  which  instruction  shall  be  given 
in  the  trades  and  in  industrial,  agricultural  and  home  making  subjects,  and 
which  shall  be  open  to  pupils  over  fourteen  years  of  age  who  are  regularly  and 
lawfully  employed  during   a  part  of  the   day  in  any  useful  employment  or 
service,  which  subjects  shall  be  supplementary  to  the  practical  work  carried 
on  in  such  employment  or  service. 

5.  Evening  vocational  schools:   in  which  instruction  shall  be  given  in  the 
trades  and  in  industrial,  agricultural  and  home  making  subjects,  and  which 
shall  be  open  to  pupils   over   sixteen  years  of  age,   who  are  regularly  and 
lawfully  employed  during  the  day  and  which  provide  instruction  in  subjects 


188  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

related  to  the  practical  work  carried  on  in  such  employment ;  but  such  evening 
vocational  schools  providing  instruction  in  home  making  shall  be  open  to  all 
women  over  sixteen  years  of  age  who  are  employed  in  any  capacity  during 
the  day. 

The  word  "  school,"  as  used  in  this  article,  shall  include  any  department 
or  course  of  instruction  established  and  maintained  in  a  public  school  for 
any  of  the  purposes  specified  in  this  section.  [As  am'd  by  L.  1913,  ch.  747.] 

§  601.  Such  schools  may  be  established  in  union  free  school  districts. —  The 
board  of  education  of  any  union  free  school  district  shall  also  establish, 
acquire  and  maintain  such  schools  for  like  purposes  whenever  such  schools 
shall  be  authorized  by  a  district  meeting.  The  trustee  or  board  of  trustees 
of  a  common  school  district  may  establish  a  school  or  a  course  in  agriculture, 
mechanic  arts  and  home  making,  when  authorized  by  a  district  meeting. 
[As  am'd  by  L.  1913,  ch.  747.] 

§  602.  Appointment  of  an  advisory  board.— 1.  The  board  of  education  in 
a  city  and  the  officer  having  the  management  and  supervision  of  the  public 
school  system  in  a  city  not  having  a  board  of  education  shall  appoint  an 
advisory  board  of  five  members  representing  the  local  trades,  industries,  and 
occupations.  In  the  first  instance  two  of  such  members  shall  be  appointed 
for  a  term  of  one  year  and  three  of  such  members  shall  be  appointed  for  a 
term  of  two  years.  Thereafter  as  the  terms  of  such  members  shall  expire 
the  vacancies  caused  thereby  shall  be  filled  for  a  full  term  of  two  years. 
Any  other  vacancy  occurring  on  such  board  shall  be  filled  by  the  appointing 
power  named  in  this  section  for  the  remainder  of  the  unexpired  term. 

2.  It  shall  be  the  duty  of  such  advisory  board  to  counsel  with  and  advise 
the  board  of  education  or  the  officer  having  the  management  and  supervision 
of  the  public  school  system  in  a  city  not  having  a  board  of  education  in  rela- 
tion to  the  powers  and  duties  vested  in  such  board  or  officer  by  section  six 
hundred  and  three  of  this  chapter. 

§  603.  Authority  of  the  board  of  education  over  such  schools.— The  board 
of  education  in  a  city  and  the  officer  having  the  management  and  supervision 
of  the  public  school  system  in  .a  city  not  having  a  board  of  education  and 
the  board  of  education  in  a  union  free  school  district  in  which  city  or  dis- 
trict a  general  industrial  school,  a  trade  school,  a  school  of  agriculture, 
mechanic  arts  and  home  making,  or  a  part  time  or  continuation  school,  or 
an  evening  vocational  school  is  established  as  provided  in  this  article,  is 
vested  with  the  same  power  and  authority  over  the  management,  supervision 
and  control  of  such  school  and  the  teachers  or  instructors  employed  therein 
as  such  board  or  officer  now  has  over  the  schools  and  teachers  under  their 
charge.  Such  boards  of  education  or  such  officer  shall  also  have  full  power 
and  authority: 

1.  To  employ  competent  teachers  or  instructors. 

2.  To  provide  proper  courses  of  study. 

3.  To   purchase   or   acquire    sites   and   grounds   and   to   purchase,    acquire, 
lease  or  construct  and  to  repair  suitable  shops  or  buildings  and  to  properly 
equip  the  same. 

4.  To  purchase  necessary  machinery,  tools,  apparatus  and  supplies.     [As 
am'd  by  L.  1913,  ch.  747.] 


LAWS  RELATING  TO  LABOJ?.  *  189 

§  604.  State  aid  for  general  industrial  schools,  trade  schools,  and^phools  of 
agriculture,  mechanic  arts  and  home  making. 

1.  The    commissioner    of    education    in    the    annual    apportionment    of   the 
state  school  moneys  shall  apportion  therefrom  to  each  city  and  union  free 
school  district  for  each  general  industrial  school,  trade  school,  part  time  or 
continuation    school    or   evening   vocational    school,     maintained    therein    for 
thirty-six  weeks  during  the  school  year  and  employing  one  teacher  whose  work 
is  devoted  exclusively  to  such  school,  and  having  an  enrollment  of  at  least 
fifteen  pupils  and  maintaining  an  organization  and  a  course  of  study,  and 
conducted  in  a  manner  approved  by  him,  a  sum  equal  to  two-thirds  of  the 
salary  .paid  to  such  teacher,  but  not  exceeding  one  thousand  dollars. 

2.  He  shall  also  apportion  in  like  manner  to  each  city,  union  free  school 
district  or  common  school  district  for  each  school  of  agriculture,  mechanic 
arts  and  home  making,  maintained  therein  for  thirty-six  weeks  during  the 
school  year,  and  employing  one  teacher  whose  work  is  devoted  exclusively  to 
such  school,  and  having  an  enrollment  of  at  least  fifteen  pupils  and  main- 
taining  an   organization   and   course  of   study  and   conducted   in   a   manner 
approved  by  him,  a  sum  equal  to  two-thirds  of  the  salary  paid  to  such  teacher. 
Such  teacher  may  be  employed  for  the  entire  year,  and  during  the  time  that 
the  said  school  is  not  open  shall  be  engaged  in  performing  such  educational 
services   as  may  be   required  by  the  board  of  education  or  trustees,  under 
regulations   adopted   by   the   commissioner   of  education.     Where   a  contract 
is   made  with  a  teacher  for  the  entire  year  and  such  teacher   is  employed 
for   such    period,    as   herein   provided,   the   commissioner   of   education    shall 
make  an  additional  apportionment  to   such  city  or  district  of  the   sum  of 
two  hundred   dollars.     But  the  total  amount  apportioned  in  each  year  on 
account  of  such  teacher  shall  not  exceed  one  thousand  dollars. 

3.  The   commissioner   of   education   shall  also   make   an   additional  appor- 
tionment  to   each    city   and   union   free    school   district   for   each    additional 
teacher  employed  exclusively  in  the  schools  mentioned  in  the  preceding  sub- 
divisions of  this  section  for  thirty-six  weeks  during  the  school  year,  a  sum 
equal  to  one-third  of  the  salary  paid  to  each  such  additional  teacher,  but  not 
exceeding  one  thousand  dollars  for  each  teacher. 

4.  The  commissioner  of  education,  in  his  discretion,  may  apportion  to  a 
district  or  city  maintaining  such  schools  or  employing  such  teachers  for  a 
shorter  time  than  thirty-six  weeks,  or  for  a  less  time  than  a  regular  school 
day,   an  amount  prorata  to  the  time  such   schools  are  maintained  or  such 
teachers  are  employed.     This  section  shall  not  be  construed  to  entitle  manual 
training  high  schools  or  other  secondary  schools  maintaining  manual  train- 
ing departments,  to  an  apportionment  of  funds  herein  provided  for. 

Any  person  employed  as  teacher  as  provided  herein  may  serve  as  principal 
of  the  school  in  which  the  said  industrial  or  trade  school  or  course,  or  school 
or  course  of  agriculture,  mechanic  arts  and  home  making,  is  maintained. 
[As  am'd  ly  L.  1913,  ch.  747.] 

§  605.  Application  of  such  moneys.— All  moneys  apportioned  by  the  com- 
missioner of  education  for  schools  under  this  article  shall  be  used  exclusively 
for  the  payment  of  the  salaries  of  teachers  employed  in  such  schools  in  the 
city  or  district  to  which  such  moneys  are  apportioned.  [As  am'd  by  L.  1913, 
ch.  747.] 


190  *      KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

§  606.  Annual  estimate  by  board  of  education  and  appropriations  by  munici- 
pal and  school  districts. 

1.  The  board  of  education  of  each,  city  or  the  officer  having  the  manage- 
ment and   supervision   of  the  public  school   system   in  a  city  not  having  a 
board  of  education  shall  file  with  the  common  council  of  such  city,  within 
thirty  days  after  the  commencement  of  the  fiscal  year  of  such  city,  a  written 
itemized  estimate  of  the  expenditures  necessary  for  the  maintenance  of  its 
general    industrial    schools,   trade   schools,    schools    of   agriculture,   mechanic 
arts  and  home  making,  part  time  or  continuation  schools  or  evening  voca- 
tional schools,  and  the  estimated  amount  which  the  city  will  receive  from  the 
state  school  moneys  applicable  to  the  support  of  such  schools.     The  common 
council  shall  give  a  public  hearing  to  such  persons  as  wish  to  be  heard  in 
reference  thereto.     The  common  council  shall  adopt  such  estimate  and,  after 
deducting  therefrom  the  amount  of  state  moneys  applicable  to  the  support 
of  such  schools,  shall  include  the  balance  in  the  annual  tax  budget  of  such 
city.     Such  amount  shall  be  levied,  assessed  and  raised  by  tax  upon  the  real 
and  personal  property  liable  to  taxation  in  the  city  at  the  time  and  in  the 
manner  that  other  taxes  for  school  purposes  are  raised.     The  common  council 
shall  have  power  by  a  two-thirds  vote  to  reduce  or  reject  any  item  included 
in  such  estimate. 

2.  The  board  of  education  in  a  union  free  school  district  which  maintains 
a  general  industrial  school,  trade  school,  a  school  of  agriculture,  mechanic 
arts  and  home  making,  part  time  or  continuation  schools  or  evening  voca- 
tional schools,  shall  include  in  its  estimate  of  expenses  pursuant  to  the  pro- 
visions of  sections  three  hundred  and  twenty-three  and  three  hundred  and 
twenty-seven  of  this  chapter  the  amount  that  will  be  required  to  maintain 
such    schools    after    applying    toward    the    maintenance    thereof    the    amount 
apportioned  therefor  by  the  commissioner  of  education.     Such  amount  shall 
thereafter  be  levied,  assessed  and  raised  by  tax  upon  the  taxable  property 
of  the  district  at  the  time  and  in  the  manner  that  other  taxes  for  school 
purposes  are  raised  in  such  district.     [As  am'd  by  L.  1913,  ch.  747.] 

§  607.  Courses  in  schools  of  agriculture  for  training  of  teachers.— The 
state  schools  of  agriculture  at  Saint  Lawrence  University,  at  Alfred  Univer- 
sity and  at  Morrisville  may  give  courses  for  the  training  of  teachers  in  agri- 
culture, mechanic  arts,  domestic  science  or  home  making,  approved  by  the 
commissioner  of  education.  Such  schools  shall  be  entitled  to  an  apportion- 
ment of  money  as  provided  in  section  six  hundred  and  four  of  this  chapter 
for  schools  established  in  union  free  school  districts.  Graduates  from  such 
approved  courses  may  receive  licenses  to  teach  agriculture,  mechanic  arts 
and  home  making  in  the  public  schools  of  the  state,  subject  to  such  rules 
and  regulations  as  the  commissioner  of  education  may  prescribe. 


LAWS   RELATING  TO  LABOK.  *  191 

SCHOOLS  IN  LABOR  CAMPS. 

EDUCATION  LAW,  CHAPTER  16  OF  THE  CONSOLIDATED  LAWS   (AS  AMENDED  BY 

L.  1010,  CH.  140). 

ARTICLE   6-A. 

[Added  by  L.  1913,  ch.  176.] 
Temporary  Scliool  Districts. 

Section  175.  Establishment  of  temporary  school  districts. 
17G.  Organization  of  districts  ;  officers. 

177.  Maintenance  of  schools  ;  teachers. 

178.  Payment  of  expenses  ;  gifts  and  contributions. 

179.  Regulations  of  commissioner  of  education. 

§  175.  Establishment  of  temporary  school  districts. —  Temporary  school  dis- 
tricts may  be  established  outside  of  cities  and  union  free  school  districts 
and  public  schools  shall  be  maintained  therein  as  hereinafter  provided.  Such 
districts  may  be  established  whenever  any  considerable  number  of  persons 
shall  have  been  congregated  in  camps  or  other  places  of  temporary  habitation, 
who  are  engaged  in  the  construction  of  public  works  by,  or  under  contract 
with,  the  state,  or  in  the  construction  of  public  works  or  improvements  by 
or  under  contract  with  any  municipality.  Such  temporary  districts  shall  be 
established  by  order  of  the  district  superintendent  of  schools  of  the  super- 
visory district  within  which  such  camps  or  other  places  of  temporary  habita- 
tion are  located,  subject  to  the  approval  of  the  commissioner  of  education. 
Such  order  shall  be  filed  in  the  state  education  department  and  if  the  public 
works  or  improvements  are  being  constructed  by  a  municipality,  a  copy 
thereof  shall  be  filed  in  the  office  of  the  officer  or  board  of  the  city  under 
whose  direction  they  are  being  constructed.  When  so  established  such  dis- 
tricts shall  be  entitled  to  share  in  the  apportionment  of  public  money  as  in 
the  case  of  other  school  districts,  except  that  each  district  quota  shall  be 
one  hundred  and  twenty-five  dollars.  The  money  so  apportioned  shall  be  paid 
to  the  treasurer  of  the  district  and  be  applied  in  the  payment  of  teachers' 
salaries. 

§  176.  Organization  of  districts;  officers. —  Each  of  such  districts  shall  have 
a  trustee  who  shall  be  appointed  by  the  district  superintendent  of  schools, 
and  a  district  clerk  and  treasurer  to  be  appointed  by  the  trustee.  Each  of 
such  officers  shall  serve  during  the  continuance  of  the  camp  or  other  place 
of  temporary  habitation,  unless  sooner  removed  by  the  district  superin- 
tendent. The  treasurer  shall  give  a  bond  to  the  people  of  the  state,  in  an 
amount  to  be  determined  by  the  district  superintendent,  and  with  sureties 
approved  by  him,  conditioned  for  the  proper  disbursement  and  accounting 
of  all  moneys  received  by  him  in  behalf  of  such  district. 

§  177.  Maintenance  of  schools;  teachers. —  Such  schools-  shall  be  under  the 
supervision  of  the  district  superintendent  and  shall  be  maintained  pursuant 
to  regulations  adopted  by  the  commissioner  of  education.  They  shall  be  free 
to  all  children  of  school  age  residing  in  such  camps  and  other  places  of 
temporary  habitation,  and  also  to  all  adults  residing  therein.  They  shall 
be  open  at  such  hours  as  may  be  prescribed  by  the  district  superintendent, 
subject  to  the  approval  of  the  commissioner  of  education.  The  trustee  of 
each  such  district  shall  employ  qualified  teachers  for  the  school  therein,  for 
such  term  and  at  such  rate  of  compensation  as  may  be  determined  upon  by 


192  *   KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

the  district  superintendent,  with  the  approval  of  the  commissioner  of  educa- 
tion. The  said  trustees  shall  provide  suitable  building  or  rooms  for  such 
school  and  shall  require  the  same  to  be  kept  in  proper  condition  for  the  main- 
tenance thereof,  and  shall  cause  the  same  to  be  equipped  and  supplied  with  all 
necessary  books,  furniture,  apparatus  and  appliances. 

§  178.  Payment  of  expenses;  gifts  and  contributions. —  The  costs  and  ex- 
penses of  maintaining  such  schools  in  temporary  districts,  exclusive  of  the 
amount  apportioned  thereto  out  of  the  public  moneys,  shall  be  paid  in  such 
districts  where  the  public  works  are  being  constructed  by  the  state,  out  of 
moneys  appropriated  for  such  purpose.  In  districts  where  public  works  or 
improvements  are  being  constructed  for  a  municipality,  such  costs  and 
expenses  shall  be  a  charge  upon  such  municipality,  and  shall  be  paid  out  of 
funds  available  for  the  payment  of  the  cost  of  construction  of  such  works 
or  improvements. 

The  trustee  of  such  district  shall  prepare  an  estimate  of  the  amount  of 
probable  expenditures  for  the  maintenance  of  the  public  schools  in  such  dis- 
trict, which  shall  include  a  statement  of  the  amount  in  the  hands  of  the 
treasurer  available  for  such  maintenance,  the  amount  received  by  such 
treasurer  from  gifts,  contributions  and  other  sources,  and  the  amount  to  be 
received  from  the  public  school  moneys,  as  herein  provided,  and  shall  also 
state  the  amount  required  to  be  raised  for  such  school,  specifying  the  items 
thereof,  for  the  ensuing  school  year.  The  form  of  such  estimate  shall  be 
prescribed  by  the  district  superintendent.  In  the  districts  where  the  public 
works  are  being  constructed  by  a  municipality  the  said  estimate  shall  be 
executed  in  duplicate,  one  of  which  shall  be  filed  with  the  state  education 
department,  and  the  other  shall  be  filed  in  the  office  of  the  department  or 
officer  of  the  municipality  under  whose  supervision  such  public  works  are 
being  constructed.  Upon  the  approval  of  such  estimates  by  the  state  educa- 
tion department  notice  thereof  shall  be  given  to  the  said  department  or 
officer  of  the  municipality,  and  payment  of  the  amount  specified  in  such 
estimate  shall  be  made  to  the  treasurer  of  such  district.  The  treasurer  shall 
preserve  vouchers  of  all  payments  made  by  him  on  account  of  the  school 
in  his  district  and  shall  make  no  payments  for  purposes  not  provided  for 
in  the  estimate,  nor  without  the  order  of  the  trustee  of  the  district  accom- 
panied with  the  necessary  vouchers. 

§  179.  Regulations  of  commissioner  of  education. —  The  commissioner  of 
education  shall  make  regulations,  not  inconsistent  herewith,  for  the  purpose 
of  providing  for  the  establishment  and  maintenance  of  schools  as  herein  pro- 
vided, and  for  the  purpose  of  carrying  into  effect  the  full  intent  of  this 
article. 

FREE   LECTURES    FOR  WORKINGPEOPLE, 

LAWS  OF  1888,  CHAPTER  545. 
AN  ACT  to  provide  for  lectures  for  workingmen  and  workingwomen  [in  New 

York  City]. 

§  1.  The  board  of  education  of  the  city  of  New  York  is  hereby  author- 
ized and  empowered  to  provide  for  the  employment  of  competent  lecturers 
to  deliver  lectures  on  the  natural  sciences  and  kindred  subjects  in  the  public 
schools  of  said  city  in  the  evenings  for  the  benefit  of  workingmen  and  work- 
ingwomen. 


LAWS  RELATING  TO  LABOK.  *  193 

§  2.  The  said  board  of  education  shall  have  power  to  purchase  the  books, 
stationery,  charts  and  other  things  necessary  and  expedient  to  successfully 
conduct  said  lectures  which  it  shall  have  power  to  direct. 

§  3.  No  admission  fee  shall  be  charged,  and  at  least  one  school  in  each 
ward  of  said  city  or  such  hall  or  halls  therein,  if  there  is  not  suitable 
accommodation  in  the  school  buildings  for  persons  attending  said  lectures, 
where  in  the  judgment  of  the  said  board  of  education  it  is  practicable  or 
expedient,  shall  be  selected  and  designated  by  said  board  for  the  purpose 
of  carrying  out  the  provisions  of  this  act,  and  one  or  more  lectures,  in  the 
discretion  of  said  board,  shall  be  delivered  in  each  school  or  other  building 
so  selected  and  designated  in  each  week,  between  the  first  day  of  October 
in  each  year  and  the  thirty-first  day  of  March  in  each  succeeding  year, 
excepting  the  two  weeks  preceding  and  the  week  following  the  first  day  of 
January  in  each  year;  and  such  lecture  or  lectures  may  be  advertised  in  a 
newspaper  or  newspapers  published  in  said  city,  or  otherwise,  as  the  said 
board  of  education  in  its  discretion  shall  determine.  The  board  of  estimate 
and  apportionment  of  the  city  and  county  of  New  York  is  hereby  authorized 
to  appropriate  annually  sufficient  money  to  carry  out  the  provisions  of  this 
act.  [As  am'd  l>y  L.  1889,  ch.  383;  L.  1890,  ch.  305;  L.  1891,  ch.  71.] 

7 


LICENSING  OF  TRADES. 

[State  examination  boards  grant  certificates  or  licenses  to  nurses,  pharmacists, 
physicians  and  other  professions,  and  also  to  marine  engineers  and  chauffeurs ;  but 
the  regulation  of  other  licensed  trades  is  delegated  to  municipalities.  Of  the  various 
local  laws  only  those  applying  to  New  York  City  are  here  reprinted.] 

LICENSING  OF  ENGINEERS  AND  PILOTS  OF  VESSELS. 

THE  NAVIGATION  LAW,  CHAPTER  37  OF  THE  CONSOLIDATED  LAWS. 

§  17.  Licenses. —  Every  person  employed  as  master,  pilot  or  engineer  on 
board  of  a  steam  vessel  or  a  vessel  propelled  by  machinery,  carrying  pas- 
sengers or  freight  for  hire,  or  towing  for  hire,  shall  be  examined  by  the 
inspectors  as  to  his  qualifications,  and  if  satisfied  therewith  they  shall  grant 
him  a  license  for  the  term  of  one  year  for  such  boat,  boats  or  class  of  boats 
as  said  inspectors  may  specify  in  such  license.  'In  a  proper  case,  the  license 
may  permit  and  specify  that  the  master  may  act  as  pilot,  and  in  case  of 
small  vessels  also  as  engineer  and  pilot.  The  license  shall  be  framed  under 
glass,  and  posted  in  some  conspicuous  place  on  the  vessel  on  which  he  may 
act.  Whoever  acts  as  master,  pilot  or  engineer,  without  having  first  received 
such  license,  or  upon  a  boat  or  class  of  boats  not  specified  in  his  license, 
shall  be  liable  to  a  penalty  of  fifty  dollars  for  each  day  that  he  so  acts,  ex- 
cept as  in  this  article  otherwise  specified,  and  such  license  may  be  revoked 
by  the  inspectors  for  intemperance,  incompetency  or  willful  violation  of  duty. 
An  applicant  for  license  as  master,  pilot  or  engineer,  to  act  as  such  on  steam 
vessels,  must  be  a  citizen  of  the  United  States,  at  least  twenty-one  years  of 
age,  and  to  act  as  such  on  motor  boats  he  shall  be  not  less  than  eighteen 
years  old.  [As  am'd  by  L.  1913,  ch.  765.] 

§  34.  *  *  Each  person  licensed  shall  pay  five  dollars  for  each  original 
license  and  three  dollars  for  each  renewal  thereof.  *  * 

For  the  act  regulating  the  pilotage  of  the  port  of  New  York  see  Navigation 
Law,  §  56. 

LICENSING  OF  CHAUFFEURS. 

THE  HIGHWAY  LAW,  CHAPTER  25  OF  THE  CONSOLIDATED  LAWS. 

§  281.  Definitions.—  *    *    *    The  term  "chauffeur"  shall  mean  any  per- 
son operating  or  driving  a  'motor  vehicle,  as  an  employee  or  for  hire. 
[As  am'd  by  L.  1910,  ch.  374  and  L.  1911,  ch.  491.] 

§  289.  License  of  chauffeurs;  renewals. —  1.  License  of  chauffeurs.  Appli- 
cation for  license  to  operate  motor  vehicles,  as  a  chauffeur,  may  be  made, 
by  mail  or  otherwise,  to  the  secretary  of  state  or  his  duly  authorized  agent 
upon  blanks  prepared  under  his  authority.  The  secretary  of  state  shall 
appoint  examiners  and  cause  examinations  to  be  held  at  convenient  points 
throughout  the  state  as  often  as  may  be  necessary.  Such  application  shall 
be  accompanied  by  a  photograph  of  the  applicant  in  such  numbers  and  forms 
as  the  secretary  of  state  shall  prescribe,  said  photograph  to  be  taken  within 
thirty  days  prior  to  the  filing  of  said  application  and  to  be  accompanied 
by  the  fee  provided  herein.  Before  such  a  license  is  granted  the  applicant 

[194] 


LAWS  RELATING  TO  LABOR.  *  195 

shall  pass  such  examination  as  to  his  qualifications  as  the  secretary  of  state 
shall  require.  No  chauffeur's  license  shall  be  issued  to  any  person  under 
eighteen  years  of  age.  To  each  person  shall  be  assigned  some  distinguishing 
number  or  mark,  and  the  license  issued  shall  be  in  such  form  as  the  secretary 
of  state  shall  determine;  it  may  contain  special  restrictions  and  limitations 
concerning  the  type  of  motor  power,  horse  power,  design  and  other  features 
of  the  motor  vehicles  which  the  licensee  may  operate;  it  shall  contain  the 
distinguishing  number  or  mark  assigned  to  the  licensee,  his  name,  place  of 
residence  and  address,  a  brief  description  of  the  licensee  for  the  purpose  of 
identification  and  the  photograph  of  the  licensee.  Such  distinctive  number 
or  mark  shall  be  of  a  distinctly  different  color  each  year  and  in  any  year 
shall  be  of  the  same  color  as  that  of  the  number  plates  issued  for  that  year. 
The  secretary  of  state  shall  furnish  to  every  chauffeur  so  licensed  a  suitable 
metal  badge  with  the  distinguishing  number  or  mark  assigned  to  him  thereon 
without  extra  charge  therefor.  This  badge  shall  thereafter  be  worn  by  such 
chauffeur  affixed  to  his  clothing  in  a  conspicuous  place,  at  all  times  while 
he  is  operating  or  driving  a  motor  vehicle  upon  the  public  highway.  Said 
badge  shall  be  valid  only  during  the  term  of  the  license  of  the  chauffeur 
to  whom  it  is  issued  as  aforesaid.  Every  person  licensed  to  operate  motor 
vehicles  as  aforesaid  shall  indorse  his  usual  signature  on  the  margin  of  the 
license,  in  the  space  provided  for  the  purpose,  immediately  upon  receipt  of 
said  license,  and  such  license  shall  not  be  valid  until  so  indorsed.  Every 
application  for  license  filed  under  the  provisions  of  this  section  shall  be 
sworn  to  and  shall  be  accompanied  by  a  fee  of  five  dollars,  two  dollars  of 
which  shall  be  for  his  examination  aforesaid  and  three  dollars  for  license 
fee.  The  license  hereunder  granted  on  or  before  August  first,  nineteen  hun- 
dred and  ten,  shall  take  effect  on  that  date,  and  licenses  issued  prior  to 
January  thirty-first,  nineteen  hundred  and  eleven,  shall  expire  on  that  date. 
The  fees  for  such  licenses  shall  be  one-half  of  the  annual  fees  provided 
herein. 

2.  Chauffeur's  licensed  registration  book.  Upon  the  receipt  of  saich  an 
application,  the  secretary  of  state  shall  thereupon  file  the  same  in  his 
office,  and  register  the  applicant  in  a  book  or  index  which  shall  be  kept  in 
the  same  manner  as  the  book  o-r  index  for  the  registration  of  motor  vehicles, 
and  when  the  applicant  shall  have  passed  the  Examination  provided  for  in 
the  preceding  section,  the  number  or  mark  assigned  to  such  applicant  to- 
gether with  the  fact  that  such  applicant  has  passed  such  examination  shall 
be  noted  in  said  book  or  index. 

8.  Unauthorized  possession  or  use  of  license  or  badge.  No  chauffeur  having 
been  licensed  as  herein  provided  shall  voluntarily  permit  any  other  person  to 
possess  or  use  his  license  or  badge,  nor  shall  any  person  while  operating 
or  driving  a  motor  vehicle  use  or  possess  any  license  or  badge  belonging  to 
another  person,  or  a  fictitious  license  or  badge. 

4.  Unlicensed  chauffeurs  cannot  drive  motor  vehicle.  No  person  shall 
operate  or  drive  a  motor  vehicle  as  a  chauffeur  upon  a  public  highway  of 
this  state  after  the  first  day  of  August,  nineteen  hundred  and  ten,  unless 
such  person  shall  have  complied  in  all  respects  with  the  requirements  of  this 
section;  provided,  however,  that  a  nonresident  chauffeur,  who  has  registered 
under  provisions  of  law  of  the  foreign  country,  state,  territory  or  federal 
district  of  his  residence  substantially  equivalent  to  the  provisions  of  this 


196  *   KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

section,  shall  be  exempt  from  license  under  this  section;  and  provided, 
further,  he  shall  wear  the  badge  assigned  to  him  in  the  foreign  country, 
state,  territory  or  federal  district  of  his  residence  in  the  manner  provided  in 
this  section. 

5.  Renewal.  Such  license  shall  be  renewed  annually  upon  the  payment 
of  the  same  fee  as  provided  in  this  section  for  the  original  license,  such 
renewal  to  take  effect  on  the  first  day  of  February  of  each  year.  The 
secretary  of  state  may  refuse  to  issue  or  renew  a  license  if  he  deems  the 
applicant  not  qualified  to  receive  such  license,  but  the  refusal  of  the  secretary 
of  state  may  be  reviewed  by  writ  of  certiorari.  For  renewals  to  take  effect 
on  and  after  February  first,  nineteen  hundred  and  twelve,  the  fee  shall  be 
two  dollars.  [As  am'd  by  L.  1910,  ch.  374  and  L.  1911,  ch.  491.] 

LICENSING    OF    MOVING-PICTURE    MACHINE   OPERATORS. 

THE  GENERAL  CITY  LAW,  CHAPTER  21  OF  THE  CONSOLIDATED  LAWS. 
§  18.  License  to  operate  moving  picture  apparatus.— It  shall  not  be  law- 
ful for  any  person  or  persons  to  operate  any  moving  picture  apparatus  and 
its  connections  in  a  city  of  the  first  class  unless  such  person  or  persons  so 
operating  such  apparatus  is  duly  licensed  as  hereinafter  provided.  Any 
person  desiring  to  act  as  such  operator  shall  make  application  for  a  license 
to  so  act  to  the  mayor  or  licensing  authority  designated  by  the  mayor,  unless 
the  charter  of  said  city  so  designates,  which  officer  shall  furnish  to  each  ap- 
plicant blank  forms  of  application  which  the  applicant  shall  fill  out.  Such 
officer  shall  make  rules  and  regulations  governing  the  examination  of  appli- 
cants and  the  issuance  of  licenses  and  certificates.  A  license  shall  not  be 
granted  to  an  applicant  unless  he  shall  have  served  as  an  apprentice  under 
a  licensed  operator,  for  a  period  of  not  less  than  six  months  prior  to  the  date 
of  the  application;  the  application  must  be  made  in  writing,  and  contain  a 
verified  statement  to  that  effect;  it  must  be  accompanied  by  the  affidavit  of 
the  licensed  operator  to  the  same  effect;  before  entering  upon  the  period  of 
apprenticeship  the  applicant  must  register  his  name  and  address  with  the 
officer  issuing  such  license.  The  applicant  shall  be  given  a  practical  examina- 
tion under  the  direction  of  the  officer  required  to  issue  such  license  and  if 
found  competent  as  to  his  ability  to  operate  moving  picture  apparatus  and 
its  connections  shall  receive  within  six  days  after  such  examination  a  license 
as  herein  provided.  Such  license  may  be  revoked  or  suspended  at  any  time 
by  the  officer  issuing  the  same.  Every  license  shall  continue  in  force  for  one 
year  from  the  date  of  issue  unless  sooner  revoked  or  suspended.  Every  license, 
unless  revoked  or  suspended,  as  herein  provided,  may  at  the  end  of  one  year 
from  the  date  of  issue  thereof  be  renewed  by  the  officer  issuing  it  in  his  dis- 
cretion upon  application  and  with  or  without  further  examination  as  he  may 
direct.  Every  application  for  renewal  of  license  must  be  made  within  the 
thirty  days  previous  to  the  expiration  of  such  license.  With  every  license 
granted  there  shall  be  issued  to  every  person  obtaining  such  license  a  certifi- 
cate, certifying  that  the  person  named  therein  is  duly  authorized  to  operate 
moving  picture  apparatus  and  its  connections.  Such  certificate  shall  be  dis- 
played in  a  conspicuous  place  in  the  room  where  the  person  to  whom  it  is 
issued  operates  moving  picture  apparatus  and  its  connections.  No  person 
shall  be  eligible  to  procure  a  license  unless  he  shall  be  of  full  age.  Any  per- 


LAWS  RELATING  TO  LABOR.  *  197 

son  offending  against  the  provisions  of  this  section,  as  well  as  any  person 
who  employs  or  permits  a  person  not  licensed  as  herein  provided  to  operate 
moving  picture  apparatus  and  its  connections,  shall  be  guilty  of  a  misde- 
meanor and  upon  conviction  thereof  shall  be  punished  by  a  fine  not  exceeding 
the  sum  of  one  hundred  dollars,  or  imprisonment  for  a  period  not  exceeding 
three  months,  or  both.  [Added  by  L.  1911,  ch.  252.] 

LAWS  OF  1901,  CHAPTER  466,  BEING  THE  REVISED  CHARTER  OF  GREATER  NEW 

YORK. 

§  529-a.  No  person  to  operate  moving  picture  apparatus  and  its  connec- 
tions without  a  license. —  It  shall  not  be  lawful  for  any  person  or  persons  to 
operate  any  moving  picture  apparatus  and  its  connections  in  the  city  of  New 
York  unless  such  person  or  persons  so  operating  such  apparatus  is  duly 
licensed  as  hereinafter  provided.  Any  person  desiring  to  act  as  such  operator 
shall  make  application  for  a  license  to  so  act  to  the  commissioner  of  water 
supply,  gas  and  electricity  of  the  city  of  New  York  who  shall  furnish  to 
each  applicant  blank  forms  of  application  which  the  applicant  shall  fill  out. 

The  commissioner  of  water  supply,  gas  and  electricity  shall  make  rules  and 
regulations  governing  the  examination  of  applicants  and  the  issuance  of 
licenses  and  certificates. 

The  applicant  shall  be  given  a  practical  examination  under  the  direction 
of  the  commissioner  of  water  supply,  gas  and  electricity  and  if  found  com- 
petent as  to  his  ability  to  operate  moving  picture  apparatus  and  its  connec- 
tions shall  receive  within  six  days  after  such  examination  a  license  as  herein 
provided.  Such  license  may  be  revoked  or  suspended  at  any  time  by  the 
commissioner  of  water  supply,  gas  and  electricity.  Every  license  shall  con- 
tinue in  force  for  one  year  from  the  date  of  issue  unless  sooner  revoked  or 
suspended.  Every  license,  unless  revoked  or  suspended,  as  herein  provided, 
may  at  the  end  of  one  year  from  the  date  of  issue  thereof  be  renewed  by  the 
commissioner  of  water  supply,  gas  and  electricity  in  his  discretion  upon  ap- 
plication and  with  or  without  further  examination  as  said  commissioner  may 
direct.  Every  application  for  renewal  of  license  must  be  made  within  the 
thirty  days  previous  to  the  expiration  of  such  license.  With  every  license 
granted  there  shall  be  issued  to  every  person  obtaining  such  license  a  cer- 
tificate, made  by  the  commissioner  of  water  supply,  gas  and  electricity  or 
such  other  officer  as  such  commissioner  may  designate,  certifying  that  the 
person  named  therein  is  duly  authorized  to  operate  moving  picture  apparatus 
and  its  connections.  Such  certificate  shall  be  displayed  in  a  conspicuous 
place  in  the  room  where  the  person  to  whom  it  is  issued  operates  moving 
picture  apparatus  and  its  connections.  No  person  shall  be  eligible  to  procure 
a  license  unless  he  shall  be  a  citizen  of  the  United  States  and  of  full  age. 
Any  person  offending  against  the  provisions  of  this  section,  as  well  as  any 
person  who  employs  or  permits  a  person  not  licensed  as  herein  provided  to 
operate  moving  picture  apparatus  and  its  connections,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  punished  by  a 
fine  not  exceeding  the  sum  of  one  hundred  dollars  or  imprisonment  for  a 
period  not  exceeding  three  months,  or  both,  in  the  discretion  of  the  court. 
[Added  ly  L.  1910,  ch.  654.] 


198  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

INSPECTION  OF  STEAM  BOILERS  AND  LICENSING  OF  STEAM  ENGINEERS  IN 

NEW  YORK  CITY.* 

LAWS   OF   1901,   CHAPTEB  466,   BEING   THE   REVISED   CHABTEB  OF   GBEATEB 

NEW  YORK. 

§  342.  Steam  boilers;  inspection  of;  not  to  be  operated  without  certificate. 
—  Every  owner,  agent  or  lessee  of  a  steam  boiler  or  boilers  in  use  in  The 
City  of  New  York  shall  annually,  and  at  such  convenient  times  and  in  such 
manner  and  in  such  form  as  may  by  rules  and  regulations  to  be  made  there- 
for by  the  police  commissioner  be  provided,  report  to  the  said  department  the 
location  of  each  steam  boiler  or  boilers,  and  thereupon,  and  as  soon  there- 
after as  practicable,  the  sanitary  company  or  such  member  or  members 
thereof  as  may  be  competent  for  the  duty  herein  described,  and  may  be  de- 
tailed for  such  duty  by  the  police  commissioner  shall  proceed  to  inspect  such 
steam  boilers,  and  all  apparatus  and  appliances  connected  therewith;  but  no 
person  shall  be  detailed  for  such  duty  except  he  be  a  practical  engineer,  and 
the  strength  and  security  of  each  boiler  shall  be  tested  by  atmospheric  and 
hydrostatic  pressure  and  the  strength  and  security  of  each  boiler  or  boilers 
so  tested  shall  have,  under  the  control  of  said  sanitary  company,  such 
attachments,  apparatus  and  appliances  as  may  be  necessary  for  the  limitation 
of  pressure,  locked  and  secured  in  like  manner  as  may  be  from  time  to  time 
adopted  by  the  United  States  inspectors  of  steam  boilers  or  the  secretary  of 
the  treasury,  according  to  act  of  Congress,  passed  July  twenty-fifth,  eighteen 
hundred  and  sixty-six;  and  they  shall  limit  the  pressure  of  steam  to  be 
applied  to  or  upon  such  boiler,  certifying  each  inspection  and  such  limit  of 
pressure  to  the  owner  of  the  boiler  inspected,  and  also  to  the  engineer  in 
charge  of  same,  and  no  greater  amount  of  steam  or  pressure  than  that  certi- 
fied in  the  case  of  any  boiler  shall  be  applied  thereto.  In  limiting  the 
amount  of  pressure,  wherever  the  boiler  under  test  will  bear  the  same,  the 
limit  desired  by  the  owner  of  the  boiler  shall  be  the  one  certified.  Every 
owner,  agent  or  lessee  of  a  steam  boiler  or  boilers  in  use  in  The  City  of  New 
York  shall,  for  the  inspection  and  testing  of  such  or  each  of  such  boilers,  as 
provided  for  in  this  act,  and  upon  receiving  from  the  police  department  a  cer- 
tificate setting  forth  the  location  of  the  boiler  inspected,  the  date  of  such 
inspection,  the  persons  by  whom  the  inspection  was  made,  and  the  limit  of 
steam  pressure  which  shall  be  applied  to  or  upon  such  boiler  or  each  of  such 
boilers  pay  annually  to  the  police  commissioner  for  each  boiler,  for  the  use  of 
the  police  pension  fund,  the  sum  of  two  dollars,  such  certificate  to  continue  in 
force  for  one  year  from  the  granting  thereof  when  it  shall  expire,  unless 
sooner  revoked  or  suspended.  Such  certificate  may  be  renewed  upon  the 
payment  of  a  like  sum  and  like  conditions,  to  be  applied  to  a  like  purpose. 
It  shall  not  be  lawful  for  any  person  or  persons,  corporation  or  corpora- 
tions, to  have  used  or  operated  within  The  City  of  New  York  any  steam  boiler 
or  boilers  except  for  heating  purposes  and  for  railway  locomotives,  without 
having  first  had  such  boiler  or  boilers  inspected  or  tested  and  procured  for 

*  For  statute  regulating  examination  of  stationary  engineers  in  Buffalo,  see  the 
charter  (L.  1891,  ch.  105,  as  am'd  by  L.  1899,  ch.  557).  As  to  general  responsi- 
bility of  persons  in  charge  of  steam  boilers,  see  §§  1052,  1893  of  the  Penal 
Law,  given  in  part,  under  "  Criminal  liability  for  negligence,"  under  DUTIES  AND 
LIABILITIES  OF  EMPLOYERS  AND  EMPLOYEES,  ante. 


LAWS  KELATING  TO  LABOR.  *  199 

such  boiler  or  each  of  such  boilers  so  used  or  operated  the  certificate  herein 
provided  for.  The  superintendent  and  inspectors  of  boilers,  in  the  employ  of 
the  police  department,  in  the  city  of  Brooklyn,  and  the  boiler  inspectors  in 
Long  Island  City,  shall  continue  to  discharge  the  duties  heretofore  devolved 
upon  them,  subject,  however,  to  removal  for  cause,  or  when  they  are  no 
longer  needed. 

§  343.  No  person  to  use,  or  act  as  engineer  for,  without  certificate. —  It 
shall  not  be  lawful  for  any  person  or  persons  to  operate  or  use  any  steam 
boiler  to  generate  steam  except  for  railway  locomotive  engines,  and  for  heat- 
ing purposes  in  private  dwellings,  and  boilers  carrying  not  over  ten  pounds  of 
steam  and  not  over  ten  horse-power,  or  to  act  as  engineer  for  such  purposes  in 
The  City  of  New  York  without  having  a  certificate  of  qualification  therefor 
from  practical  engineers  detailed  as  such  by  the  police  department,  such  cer- 
tificate to  be  countersigned  by  the  officer  in  command  of  the  sanitary  com- 
pany of  the  police  department  of  The  City  of  New  York  and  to  continue  in 
force  one  year,  unless  sooner  revoked  or  suspended.  Such  certificate  may 
be  revoked  or  suspended  at  any  time  by  the  police  commissioner  upon  the 
report  of  any  two  practical  engineers,  detailed  as  provided  in  this  section, 
stating  the  grounds  upon  which  such  certificate  should  be  revoked  or  sus- 
pended. Where  such  certificate  shall  have  been  revoked,  as  provided  in  this 
section,  a  like  certificate  shall  not  in  any  case  be  issued  to  the  same  person 
within  six  months  from  the  date  of  the  revocation  of  the  former  certificate 
held  by  such  person. 

LAWS  or  1897,  CHAPTER  635,  AMENDING  SECTION  312  OF  THE  NEW  YORK  CITY 
CONSOLIDATION  ACT  (LAWS  OF  1882,  CHAPTER  410). 

*  *  *  *  *  *  *  *  *  *          * 

And  no  owner,  or  agent  of  such  owner,  or  lessee  of  any  steam 
boiler  to  generate  steam,  shall  employ  any  person  as  engineer  or  to  operate 
such  boiler  unless  such  person  shall  first  obtain  a  certificate  as  to  qualifica- 
tion therefor  from  a  board  of  practical  engineers  detailed  as  such  by  the 
police  department,  such  certificate  to  be  countersigned  by  the  officer  in  com- 
mand of  the  sanitary  company  of  the  police  department  of  the  city  of  New 
York.  In  order  to  be  qualified  to  "be  examined  for  and  to  receive  such  cer- 
tificate of  qualification  as  an  engineer,  a  person  must  comply,  to  the  satis- 
faction of  said  board,  with  the  following  requirements: 

1.  He  must  be  a  citizen  of  the  United  States  and  over  twenty-one  years 
of  age. 

2.  He  must,  on  his  first  application  for  examination,  fill  out,  in  his  own 
handwriting,  a  blank  application  to  be  prepared  and  supplied  by  the   said 
board  of  examiners,   and  which   shall  contain  the  name,   age,  and  place  of 
residence  of  the  applicant,  the  place  or  places  where  employed  and  the  nature 
of  his  employment  for  five  years  prior  to  the  date  of  his  application,  and  a 
statement  that  he  is  a  citizen  of  the  United  States.     The  application  shall 
be  verified  by   him,   and  shall,   after  the  verification,   contain    a    certificate 
signed  by  three  engineers,  employed  in  New  York  city,  and  registered  on  the 
books  of  said  board  of  examiners  as  engineers  working  at  their  trade,  certify- 


200  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

ing  that  the  statements  contained  in  such  application  are  true.     Such  appli- 
tion  shall  be  filed  with  said  board. 

3.  The  following  persons,  who  have  first  complied  with  the  provisions  of 
subdivisions  one  and  two  of  this  section,  and  no  other  persons  may  make 
application  to  be  examined  for  a  license  to  act  as  engineer. 

a.  Any  person  who  has  been  employed  as  a  fireman,  as  an  oiler,  or  as  a 
general  assistant  under  the  instructions  of  a  licensed  engineer  in  any  building 
or  buildings  in  the  city  of  New  York,  for  a  period  of  not  less  than  five  years. 

b.  Any  person  who  has  served  as  a  fireman,  oiler  or  general  assistant  to 
the  engineer  on  any  steamship  or  steamboat,  for  a  period  of  five  years,  and 
shall  have  been  employed  for  two  years  under  a  licensed  engineer  in  a  build- 
ing in  the  city  of  New  York,  or  any  person  who  has  served  as  a  marine  or 
locomotive  engineer  or  fireman  to  a  locomotive  engineer  for  a  period  of  five 
years  and  shall  have  been  a  resident  of  the  state  of  New  York  for  a  period 
of  two  years.     [As  am'd  ly  L.  1900,  ch.  461.] 

c.  Any  person  who  has  learned  the  trade   of  machinist,  or  boiler  maker 
or  steamfitter  and  worked  at  such  trade  for  three  years  exclusive  of  time 
served  as  apprentice,  or  while  learning  such  trade,  and  also  any  person  who 
has  graduated  as  a  mechanical  engineer  from  a  duly  established  school  of 
technology,  after  such  person  has  had  two  years'  experience  in  the  engineer- 
ing department  in  any  building  or  buildings  in  charge  of  a  licensed  engineer 
in  the  city  of  New  York. 

d.  Any  person  who  holds  a  certificate  as  engineer  issued  to  him  by  any 
duly  qualified  board  of  examining  engineers  existing  pursuant  to  law  in  any 
state  or  territory  of  the  United  States  and  who  shall  file  with  his  application 
a  copy  of  such  certificate  and  an  affidavit  that  he  is  the  identical  person  to 
whom  said  certificate  was  issued.    If  the  board  of  examiners  of  engineers  shall 
determine  that  the  applicant  has  complied  with  the  requirements  of  this  sec- 
tion he  shall  be  examined  as  to  his  qualifications  to  take  charge  of,  and  operate 
steam  boilers  and  steam  engines  in  the  city  of  New  York,  and  if  found  qualified 
said  board  shall  issue  to  him  a  certificate  of  the  third  class.     After  the 
applicant  has  worked  for  a  period  of  two  years  under  his  certificate  of  the 
third  class,  he  may  be  again  examined  by  said  board  for  a  certificate  of  the 
second  class  and  if  found  worthy  the  said  board  may  issue  to  him  such  cer- 
tificate of  the  second  class,  and  after  he  has  worked  for  a  period  of  one  year 
under  said  certificate  of  the  second  class  he  may  be  examined  for  a  certificate 
of  the  first  class;  and  when  it  shall  be  made  to  appear  to  the  satisfaction 
of  said  board  of  examiners  that  the  applicant  for  either  of  said  grades  lacks 
mechanical  skill,  is  a  person  of  bad  habits  or  is  addicted  to  the  use  of  intox- 
icating beverages  he  shall  not  be  entitled  to  receive  such  grade  of  license 
and  shall  not  be  re-examined  for  the  same  until  after  the  expiration  of  one 
year.     Every  owner  or  lessee,  or  the  agent  of  the  owner  or  lessee,  of  any 
steam  boiler,  steam  generator,  or  steam  engine  aforesaid,  and  every  person 
acting  for  such  owner  or  agent  is  hereby  forbidden  to  delegate  or  transfer 
to  any  person  or  persons  other  than  the  licensed  engineer  the  responsibility 
and  liability  of  keeping  and  maintaining  in  good  order  and  condition  any 
such   steam   boiler,    steam   generator   or   steam   engine,    nor   shall    any   such 
owner,  lessee  or  agent,  enter  into  a  contract  for  the  operation  or  management 


LAWS  RELATING  TO  LABOR.  *  201 

of  a  steam  boiler,  steam  generator  or  steam  engine,  whereby  said  owner, 
lessee  or  agent  shall  be  relieved  of  the  responsibility  or  liability  for  injury 
which  may  be  caused  to  person  or  property  by  such  steam  boiler,  steam 
generator  or  steam  engine.  Every  engineer  holding  a  certificate  of  qualifica- 
tion from  said  board  of  examiners  shall  be  responsible  to  the  owner,  lessee, 
or  agent  employing  him  for  the  good  care,  repair,  good  order  and  manage- 
ment of  the  steam  boiler,  steam  generator  or  steam  engine  in  charge  of,  or 
run  or  operated  by  such  engineer. 

e.  Any  person  or  persons  violating  any  provision  of  this  section  or  of  any 
of  its  subdivisions  shall  be  guilty  of  a  misdemeanor.  [Added  by  L.  1900,  eft. 

709.] 

LICENSING  OF  STATIONARY   FIREMEN  IN  NEW  YORK  CITY. 

LAWS  OF  1901,  CHAPTER  733. 

Aw  ACT  to  provide  for  the  licensing  of  firemen  operating  steam  stationary 
boiler  or  boilers  in  the  city  of  New  York. 

Section  1.  It  shall  be  unlawful  for  any  fireman  or  firemen  to  operate 
steam  stationary  boiler  or  boilers  in  the  city  of  New  York,  unless  the  fireman 
or  firemen  so  operating  such  boiler  or  boilers  are  duly  licensed  as  hereinafter 
provided.  Such  fireman  or  firemen  to  be  under  the  supervision  and  direction 
of  a  duly  licensed  engineer  or  engineers. 

§  2.  Should  any  boiler  or  boilers  be  found  at  any  time  operated  by  any 
person  who  is  not  a  duly  licensed  fireman  or  engineer  as  provided  by  this 
act,  the  owner  or  lessee  thereof  shall  be  notified,  and  if  after  one  week  from 
such  notification  the  same  boiler  or  boilers  is  again  found  to  be  operated  by 
a  person  or  persons  not  duly  licensed  under  this  act,  it  shall  be  deemed 
prima  facie  evidence  of  a  violation  of  this  act. 

§  3.  Any  person  desiring  to  act  as  a  fireman  shall  make  application  for 
a  license  to  so  act,  to  the  steam  boiler  bureau  of  the  police  department  as 
now  exists  for  licensing  engineers,  who  shall  furnish  to  each  applicant  blank 
forms  of  application,  which  application  when  filled  out,  shall  be  signed  by  a 
licensed  engineer  engaged  in  working  as  an  engineer  in  the  city  of  New  York, 
who  shall  therein  certify  that  the  applicant  is  of  good  character,  and  has 
been  employed  as  oiler,  coalpasser  or  general  assistant  under  the  instructions 
of  a  licensed  engineer  on  a  building  or  buildings  in  the  city  of  New  York,  or 
on  any  steamboat,  steamship  or  locomotive  for  a*  period  of  not  less  than  two 
years.  The  applicant  shall  be  given  a  practical  examination  by  the  board 
of  examiners  detailed  as  such  by  the  police  commissioner  and  if  found  com- 
petent as  to  his  ability  to  operate  a  steam  boiler  or  boilers  as  specified  in 
section  one  of  this  act  shall  receive  within  six  days  after  such  examination 
a  license  as  provided  by  this  act.  Such  license  may  be  revoked  or  suspended 
at  any  time  by  the  police  commissioner  upon  the  proof  of  deficiency.  Every 
license  issued  under  this  act  shall  continue  in  force  for  one  year  from  the 
date  of  issue  unless  sooner  revoked  as  above  provided.  Every  license  issued 
under  this  act  unless  revoked  as  herein  provided  shall  at  the  end  of  one 
year  from  date  of  issue  thereof,  be  renewed  by  the  board  of  examiners  upon 
application  and  without  further  examination.  Every  application  for  renewal 
of  license  must  be  made  within  thirty  days  of  the  expiration  of  such  license. 
With  every  license  granted  under  this  act  there  shall  be  issued  to  every  person 


202  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

obtaining  such  license  a  certificate,  certified  by  the  officers  in  charge  of  the 
boiler  inspection  bureau.  Such  certificate  shall  be  placed  in  the  boiler  room 
of  the  plant  operated  by  the  holder  of  such  license,  so  as  to  be  easily  read. 

§  4.  No  person  shall  be  eligible  to  procure  a  license  under  this  act  unless 
the  said  person  be  a  citizen  of  the  United  States. 

§  5.  All  persons  operating  boilers  in  use  upon  locomotives  or  in  govern- 
ment buildings,  and  those  used  for  heating  purposes  carrying  a  pressure  not 
exceeding  ten  pounds  to  the  square  inch,  shall  be  exempt  from  the  provisions 
of  this  act.  Such  license  will  not  permit  any  person  other  than  a  duly 
licensed  engineer  to  take  charge  of  any  boiler  or  boilers  in  the  city  of  New 
York. 


TKADE  UNIONS. 

[No  special  provision  is  made  by  the  statutes  of  New  York  for  incorporation 
of  trade  unions  as  business  organizations.  An  association  of  workingmen  for  the 
purpose  of  undertaking  co-operative  insurance  may  incorporate  under  the  Insurance 
Law  ;  but  nothing  in  this  law  or  any  of  the  laws  relating  to  stock  corporations 
provides  for  the  actual  business  of  trade  unions  in  contracting  with  employers  as 
the  agents  of  the  employees.  This  primary  object  of  trade  unions  finds  no  recog- 
nition, of  course,  in  the  non-stock  corporation  laws ;  although  the  unions  that  have 
incorporated  in  New  York  have  done  so  under  the  Membership  Corporations  Law, 
which  applies  to  benevolent,  charitable,  scientific  and  missionary  societies. 

Trade  unions  do  not  in  fact  find  incorporation  necessary  in  order  to  obtain 
legal  standing  in  the  courts,  since  the  law  of  this  state  has  provided  since  1851 
that  an  unincorporated  association  consisting  of  seven  or  more  persons  may  sue 
and  be  sued  in  the  name  of  its  president  and  treasurer  (§§  1919-1921  of  the  Code 
of  Civil  Procedure,  as  below). 

Disobedience  of  an  injunction  addressed  to  an  unincorporated  association  and 
"  its  each  and  every  member  "  constitutes  a  criminal  contempt  even  if  the  violators 
were  not  personally  served  with  the  order:  People  ex  rel.  Stearns  v.  Marr,  181 
N.  Y.  403  (1905). 

As  to  union  labels,  see  §§   15  and  16  of  the  Labor  Law,  ante.] 

A  union  member  deprived  of  membership  without  a  fair  trial  may  seek  redress 
in  the  civil  courts:  Schouten  v.  Alpine,  77  Misc.  19. 

ACTION    BY    OR    AGAINST    AN    UNINCORPORATED    ASSOCIATION. 

CODE  OF  CIVIL  PROCEDURE,  ARTICLE  I  OF  TITLE  V  OF  CHAPTER  XV. 

§  1919.  An  action  or  special  proceeding  may  be  maintained,  by  the  presi- 
dent or  treasurer  of  an  unincorporated  association,  consisting  of  seven  or 
more  persons,  to  recover  any  property,  or  upon  any  cause  of  action,  for  or 
upon  which  all  the  associates  may  maintain  such  an  action  or  special  pro- 
ceeding, by  reason  of  their  interest  or  ownership  therein,  either  jointly  or  in 
common.  An  action  may  likewise  be  maintained  by  such  president  or  treas- 
urer to  recover  from  one  or  more  members  of  such  association  his  or  their 
proportionate  share  of  any  moneys  lawfully  expended  by  such  association  tor 
the  benefit  of  such  associates,  or  to  enforce  any  lawful  claim  of  such  associa- 
tion against  such  member  or  members.  An  action  or  special  proceeding  may 
be  maintained,  against  the  president  or  treasurer  of  such  an  association,  to 
recover  any  property,  or  upon  any  cause  of  action,  for  or  upon  which  the 
plaintiff  may  maintain  such  an  action  or  special  proceeding,  against  all  the 
associates,  by  reason  of  their  interest  or  ownership,  or  claim  of  ownership 
therein,  either  jointly  or  in  common,  or  their  liability  therefor,  either  jointly 
or  severally.  Any  partnership,  or  other  company  of  persons,  which  has  a 
president  or  treasurer,  is  deemed  an  association  within  the  meaning  of  this 
section.  [As  am'd  ly  L.  1900,  ch.  184.] 

The  action,  though  in  form  against  such  officer,  is  in  substance  and  reality 
against  the  association  (Mason  v.  Holmes,  30  Misc.  719). 

§  1921.  In  such  an  action  the  officer  against  whom  it  is  brought  cannot 
be  arrested;  and  a  judgment  against  him  does  not  authorize  an  execution  to 
be  issued  against  his  property,  or  his  person;  nor  does  the  docketing  thereof 
bind  his  real  property,  or  chattels  real.  Where  such  a  judgment  is  for  a  sum 

F203] 


204  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

of  money,  an  execution  issued  thereupon  must  require  the  sheriff  to  satisfy 
the  same,  out  of  any  personal  or  real  property  belonging  to  the  association, 
or  owned,  jointly  or  in  common,  by  all  the  members  thereof.  [As  am'd 
by  L.  1898,  ch.  293.] 

An  action  for  damages  held  to  lie  against  an  unincorporated  trade  union,  Curran 
v.  Galen,  152  N.  Y.  33  (1897)  ;  see  also  Connell  v.  Stalker,  20  Misc.  423  (1897)  ; 
Coons  v.  Chrystie,  24  Misc.  296  (1898)  ;  Matthews  v.  Shankland,  25  Misc.  604 
(1898)  ;  Beattie  v.  Callanan,  67  App.  Div.  14  (1901). 

AUTHORIZING     THE      INCORPORATION     OF     LABOR     ORGANIZATIONS      FOR 
BENEVOLENT    PURPOSES, 

THE  MEMBERSHIP   CORPORATIONS   LAW,   CHAPTER   35   OF   THE  CONSOLIDATED 

LAWS. 

§  40.  Purposes  for  which  corporations  may  be  formed  under  this  article. — 
A  membership  corporation  may  be  created  under  this  article  for  any  lawful 
purpose,  except  a  purpose  for  which  a  corporation  may  be  created  under 
any  other  article  of  this  chapter,  or  any  other  general  law  than  this  chapter. 

Reviser's  Note. —  "  This  section  is  intended  to  make  one  complete  general  state- 
ment, including  every  object  for  which  membership  corporations  ought  to  be  per- 
mitted under  a  general  law,  instead  of  a  long  enumeration  of  particular  purposes, 
requiring  new  legislation  whenever  incorporation  is  desired  for  a  new  purpose. 
The  definition  of  a  membership  corporation  in  section  2  will  prevent  the  formation 
of  a  stock  corporation  or  of  a  mutual  benefit  Insurance  corporation  under  this 
article.  See  Matter  of  Lampson,  35  App.  Div.  49,  aff'd  in  161  N.  Y.  511 ;  People  v. 
Johnson,  22  Misc.  150." 

§  41.  Certificates  of  incorporation. —  Five  or  more  persons  may  become  a 
membership  corporation  for  any  one  of  the  purposes  for  which  a  corporation 
may  be  formed  under  this  article  or  for  any  two  or  more  of  such  purposes 
of  a  kindred  nature,  by  making,  acknowledging  and  filing  a  certificate,  stating 
the  particular  objects  for  which  the  corporation  is  to  be  formed,  each  of 
which  must  be  such  as  is  authorized  by  this  article;  the  name  of  the  pro- 
posed corporation;  the  territory  in  which  its  operations  are  to  be  principally 
conducted;  the  town,  village  or  city  in  which  its  principal  office  is  to  be 
located,  if  it  be  then  practicable  to  fix  such  location;  the  number  of  its 
directors,  not  less  than  three  nor  more  than  thirty;  and  the  names  and  places 
of  residence  of  the  persons  to  be  its  directors  until  its  first  annual  meeting. 
Such  certificate  shall  not  be  filed  without  the  written  approval,  indorsed 
thereupon  or  annexed  thereto,  of  a  justice  of  the  supreme  court.  *  *  * 
On  filing  such  certificate,  in  pursuance  of  law,  the  signers  thereof,  their 
associates  and  successors,  shall  be  a  corporation  In  accordance  with  the  pro- 
visions of  such  certificate.  *  *  * 

AUTHORIZING     LABOR     ORGANIZATIONS     TO     MAINTAIN     OR     CONSTRUCT 
BUILDINGS,    HALLS    OR    LIBRARIES    FOR    THEIR    USE. 

THE  BENEVOLENT  ORDERS  LAW,  CHAPTER  3  OF  THE  CONSOLIDATED  LAWS. 

§  7.  Joint  corporations. —  *  *  *  any  number  of  trades  unions,  trades 
assemblies,  trades  associations  or  labor  organizations,  *  *  *  may  unite 
in  forming  a  corporation  for  the  purpose  of  acquiring,  constructing,  main- 
taining and  managing  a  hall,  temple  or  other  building,  or  a  home  for  the 
aged  and  indigent  members  of  such  order  and  their  dependent  widows  and 


LAWS  RELATING  TO  LABOR.  *  205 

orphans,  and  of  creating,  collecting  and  maintaining  a  library  for  the  use  of 
the  bodies  uniting  to  form  such  corporation.  Each  body  hereafter  uniting  to 
form  such  corporation  shall  annually  at  a  regular  meeting  thereof,  held  in 
accordance  with  its  constitution  and  general  rules  and  regulations  or  by-laws, 
elect  a  member  thereof  to  represent  it  in  such  corporation.  *  *  *  The 
trustees  so  elected  shall  make,  acknowledge  and  file  with  the  secretary  of  state, 
a  certificate  stating  the  name  of  the  corporation  to  be  formed,  its  purposes 
and  objects,  the  names  and  places  of  residence  of  the  trustees,  the  names  of 
the  bodies  which  they  respectively  represent,  the  names  of  the  bodies  uniting 
to  form  the  corporation  and  their  location,  and  the  name  of  the  town,  village 
or  city  and  the  county  where  such  building  is,  or  is  to  be  located;  and  there- 
upon the  several  bodies  so  uniting  shall  be  a  corporation  for  the  purposes 
specified  in  such  certificate. 

§  9.  Powers  of  joint  corporations. —  Such  corporation  may  acquire  real 
property  in  the  town,  village  or  city  in  which  such  hall,  home,  temple  or 
building  is  or  is  to  be  located,  and  erect  such  building  or  buildings  there- 
upon for  the  uses  and  purposes  of  the  corporation,  as  the  trustees  may  deem 
necessary,  or  repair,  rebuild  or  reconstruct  any  building  or  buildings  that 
may  be  thereupon  and  furnish  and  complete  such  rooms  therein  as  may  appear 
necessary  for  the  use  of  such  bodies  or  for  any  other  purpose  for  which  the 
corporation  is  formed;  and  may  rent  to  other  persons  any  portion  of  such 
building  or  real  property  for  business  or  other  purposes.  Until  such  real 
property  shall  be  acquired  or  such  building  erected  or  made  ready  for  use, 
the  corporation  may  rent  and  sublet  such  rooms  or  apartments  in  such  town, 
village  or  city  as  may  be  suitable  or  convenient  for  the  use  of  the  bodies 
mentioned  in  such  certificate,  or  of  such  other  bodies  as.  may  desire  to  use 
them,  and  the  board  of  trustees  may  determine  the  terms  and  conditions 
on  which  rooms  and  apartments  in  such  building  or  buildings,  when  erected, 
or  which  may  be  leased,  shall  be  used  and  occupied.  .Before  such  corpora- 
tion composed  of  not  more  than  thirty  bodies  shall  purchase  or  sell  any  real 
property,  or  erect  or  repair  any  building  or  buildings  thereupon,  and  before 
it  shall  purchase  any  building  or  part  of  a  building  for  the  use  of  a  corpora- 
tion, it  shall  submit  to  the  bodies  constituting  the  corporation,  the  proposi- 
tion to  make  such  sale  or  purchase,  or  to  erect  or  repair  any  such  building 
or  buildings,  or  to  rent  any  building  or  part  thereof,  for  the  use  of  the  cor- 
poration; and  unless  such  proposition  receives  the  approval  of  two-thirds  of 
the  bodies  constituting  the  corporation,  such  proposition  shall  not  be  carried 
into  effect.  The  evidence  of  the  approval  of  such  proposition  by  any  such 
body  shall  be  a  certificate  to  that  effect  signed  by  the  presiding  officer  and 
secretary  of  the  body,  or  the  officers  discharging  duties  corresponding  to  those 
of  the  presiding  officer  and  secretary,  under  the  seal  of  such  body.  But  where 
land  is  purchased  for  the  purpose  of  erecting  a  hall,  home  or  temple  thereon, 
the  buildings  upon  such  land  at  the  time  of  such  purchase  may  be  sold  by 
the  trustees  without  such  consent.  The  powers  of  the  board  of  trustees  of 
every  corporation  created  hereunder  and  composed  of  more  than  thirty  bodies, 
respecting  sales,  purchases  and  repairs,  shall  be  fixed  by  the  by-laws  adopted 
by  the  representatives  of  the  various  bodies  composing  such  corporation,  or 
shall  be  determined  by  such  representatives  when  assembled  in  annual  session. 
Pvery  corporation  created  hereunder  shall  have  power  to  enforce,  at  law 


206  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

or  in  equity,  any  legal  contract  which  it  may  make  with  any  of  the  bodies 
composing  it  respecting  the  care  and  maintenance  of  members  or  other  de- 
pendents of  such  body,  the  same  as  if  such  body  or  bodies  were  not  members 
of  the  corporation.  Any  corporation  created  hereunder  shall  have  power 
to  take  and  hold  real  and  personal  estate  by  purchase,  gift,  devise  or  bequest 
subject  to  the  provisions  of  law  relating  to  devises  and  bequests  by  last 
will  and  testament  or  otherwise.  [As  am'd  by  L.  1913,  ch.  11.] 

FORBIDDING  LABOR  ORGANIZATIONS  TO  DISCRIMINATE  AGAINST  MEMBERS 
OF  THE  NATIONAL  GUARD. 

PENAL  LAW,  CHAPTEB  40  OF  THE  CONSOLIDATED  LAWS. 
§  481.  Discrimination  against  members  of  the  national  guard. —  No  asso- 
ciation or  corporation,  constituted  or  organized  for  the  purpose  of  pro- 
moting the  success  of  the  trade,  employment,  or  business  of  the  members 
thereof,  shall  by  any  constitution,  rule,  by-law,  resolution,  vote,  or  regulation, 
discriminate  against  any  member  of  the  national  guard  of  the  state  of  New 
York,  because  of  such  membership  in  respect  of  the  eligibility  of  such  member 
of  the  said  national  guard  to  membership  in  such  association  or  corporation, 
or  in  respect  of  his  right  to  retain  said  last  mentioned  membership;  it  being 
the  purpose  of  this  section  and  the  section  immediately  preceding  to  protect 
a  member  of  the  said  national  guard  from  disadvantage  in  his  means  of  liveli- 
hood and  liberty  therein  but  not  to  give  him  any  preference  or  advantage 
on  account  of  his  membership  of  said  national  guard.  A  person  who  aids  in 
enforcing  any  such  provisions  against  a  member  of  the  said  national  guard 
with  the  intent  to  discriminate  against  him  because  of  such  membership,  is 
guilty  of  a  misdemeanor. 

PREVENTING  FRAUDULENT  REPRESENTATION  IN  LABOR  ORGANIZATIONS. 

PENAL  LAW,  CHAPTEB  40  OF  THE  CONSOLIDATED  LAWS. 
§  1278.  Fraudulent  representation  in  labor  organizations. —  Any  person  who 
represents  himself  or  herself  to  be  a  member  of,  or  who  claims  to  represent 
a  labor  organization  which  does  not  exist  within  the  state,  at  the  time  of 
such  representation,  or  who  has  in  his  or  her  possession  a  credential,  cer- 
tificate or  letter  of  introduction  bearing  a  fraudulent  seal,  or  bearing  the  seal 
of  a  labor  organization  which  has  ceased  to  exist,  and  does  not  exist  at  the 
time  of  such  representation,  and  attempts  to  gain  admission  by  the  use  of 
said  credential,  certificate  or  letter  of  introduction,  as  a  member  of  any  con- 
vention, or  meeting  of  representatives  of  labor  organizations  of  the  state, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall'  be 
punishable  by  a  fine  of  not  less  than  twenty  dollars  nor  more  than  fifty 
dollars,  and  imprisonment  for  not  less  than  ten  days  nor  more  than  thirty 
days  in  the  jail  of  the  county  wherein  such  conviction  is  had,  or  by  both 
such  fine  and  imprisonment. 

UNAUTHORIZED  USE  OF  BADGES,  TITLES,  ETC. 
PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 
§  2240.  Unauthorized  wearing  or  use  of  badge,  name,  title  of  officers,  in- 
signia, ritual  or  ceremony  of  certain  orders  and  societies. —  1.  Any  person 
who  wilfully  wears  the  badge  or   the  button  of  the  Grand  Army    of    the 
Republic,  the  insignia,  badge  or  rosette  of  the  Military  Order  of  the  Loyal 


LAWS  RELATING  TO  LABOR.  *  207 

Legion  of  the  United  States,  or  the  Military  Order  of  Foreign  Wars  of  the 
United  States,  or  the  badge  or  button  of  the  Spanish  war  veterans,  or  the 
Order  of  Patrons  of  Husbandry,  or  the  Benevolent  and  Protective  Order  of 
Elks  of  the  United  States  of  America,  or  of  any  society,  order  or  organization, 
of  ten  years'  standing  in  the  state  of  New  York,  or  uses  the  same  to  obtain 
aid  or  assistance  within  this  state,  or  wilfully  uses  the  name  of  such  society, 
order  or  organization,  the  titles  of  its  officers,  or  its  insignia,  ritual  or  cere- 
monies, unless  entitled  to  use  or  wear  the  same  under  the  constitution  and 
by-laws,  rules  and  regulations  of  such  order  or  of  such  society,  order  or 
organization,  is  guilty  of  a  misdemeanor. 

UNLAWFUL  TO  COMPEL  EMPLOYEES  TO  AGREE  NOT  TO  JOIN  LABOR 

ORGANIZATIONS. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 
§  531.  Coercion  by  employers. — Any  person  or  employer  of  labor,  and  any 
person  of  any  corporation  on  behalf  of  such  corporation,  who  shall  hereafter 
coerce  or  compel  any  person,  employee,  laborer  or  mechanic,  to  enter  into 
an  agreement,  either  written  or  verbal,  from  such  person,  employee,  laborer 
or  mechanic,  not  to  join  or  become  a  member  of  any  labor  organization,  as  a 
condition  of  such  person  securing  employment,  or  continuing  in  the  employ- 
ment of  any  such  person,  employer  or  corporation,  shall  be  deemed  guilty  of 
a  misdemeanor.  The  penalty  for  such  misdemeanor  shall  be  imprisonment 
in  a  penal  institution  for  not  more  than  six  months,  or  by  a  fine  of  not 
more  than  two  hundred  dollars,  or  by  both  such  fine  and  imprisonment. 

This  statute  imposes  an  unauthorized  restraint  upon  the  freedom  to  contract  in 
relation  to  the  purchase  and  sale  of  labor,  and  is  unconstitutional :  People  v. 
Marcus,  185  N.  Y.  257  (1906). 

UNLAWFUL    TO   BRIBE   REPRESENTATIVES    OF   LABOR   ORGANIZATIONS. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  380.  Bribery  of  labor  representatives. — A  person  who  gives  or  offers  to 
give  any  money  or  other  things  of  -value  to  any  duly  appointed  representative 
of  a  labor  organization  with  intent  to  influence  him  in  re'spect  to  any  of  his 
acts,  decisions,  or  other  duties  as  such  representative,  or  to  induce  him  to 
prevent  or  cause  a  strike  by  the  employees  of  any  person  or  corporation,  is 
guilty  of  a  misdemeanor;  and  no  person  shall  be  excused  from  attending  and 
testifying,  or  producing  any  books,  papers  or  other  documents  before  any 
court  or  magistrate,  upon  any  investigation,  proceeding  or  trial,  for  a  viola- 
tion of  this  section,  upon  the  ground  or  for  the  reason  that  the  testimony  or 
evidence,  documentary  or  otherwise,  required  of  him  may  tend  to  convict  him 
of  a  crime  or  subject  him  to  a  penalty  or  forfeiture;  but  no  person  shall  be 
prosecuted  or  subjected  to  any  penalty  or  forfeiture  for  or  on  account  of  any 
transaction,  matter  or  thing  concerning  which  he  may  so  testify  or  produce 
evidence,  documentary  or  otherwise,  and  no  testimony  so  given  or  produced 
shall  be  received  against  him  upon  any  criminal  investigation  or  proceeding. 

Cf.  "  Corrupt  influencing  of  employees/'  (Penal  Law,  §  439),  under  DUTIES  AND 
LIABILITIES  OF  EMPLOYERS  AND  EMPLOYEES,  ante. 


INDUSTRIAL  DISPUTES. 

[The  "  right  to  strike,"  i.  e.,  to  quit  work  in  concert,  is  controlled  by  the  statutes 
and  judicial  decisions  respecting  combinations.  Sections  580  and  582  of  the  Penal 
Law  define  conspiracies,  or  unlawful  combinations.  The  latter  section  expressly 
legalizes  a  combination  (strike)  for  the  purpose  of  maintaining  or  advancing  the 
rate  of  wages,  and  the  courts  have  broadened  this  authorization  to  include  aiiy 
peaceable  and  orderly  strike  of  wage  workers,  not  to  harm  others  but  to  improve 
their  own  condition,  within  which  lawful  purpose  may  be  a  strike  by  a  trade 
union  to  procure  the  discharge  of  an  outsider  and  the  employment  of  its  ov;n 
members :  Nat'l  Protective  Assn.  v.  Gumming,  170  N.  Y.  315 ;  Wunch  v.  Shank- 
land,  179  N.  Y.  545,  Mem.  But  concerning  strikes  for  the  "  closed  shop,"  see  that 
topic  below.  Similarly,  a  lockout  is  legal  if  no  malice  is  shown  (City  Trust, 
Safe  Deposit  &  Surety  Co.  v.  Waldhauer,  47  Misc.  7). 

INTIMIDATION. — A  strike  that  has  a  lawful  purpose  becomes  unlawful  if  con- 
ducted by  unlawful  means.  Thus  it  is  contrary  to  law  to  use  or  threaten  to  use 
violence,  force  or  Intimidation  in  the  prosecution  of  a  strike  (§  530  of  the  Penal 
Law,  defining  coercion)  ;  or  to  endanger  life  by  refusal  to  labor  (§  1910)  ;  or  in- 
terfere with  passengers  in  public  conveyances  (§  720),  etc. 

Violation  of  an  injunction  order  against  illegal  interference  with  new  employees 
OE  the  part  of  strikers  constitutes  criminal  contempt  and  is  punishable  as  such 
even  though  the  individual  members  of  the  union  were  not  personally  served  with 
the  order:  People  ex  rel.  Stearns  v.  Marr,  181  N.  Y.  463  (1905). 

PICKETING  is  not  defined  by  statute,  but  by  the  interpretation  placed  by  the  courts 
on  the  above-mentioned  laws  relating  to  coercion.  One  of  the  most  authoritative 
discussions  of  "  picketing "  by  Federal  courts  is  in  Union  Pacific  Ry.  Co.  v. 
Kuef  (120  Fed.  Rep.  102),  and  by  the  New  York  courts  in  a  unanimous  decision  of 
the  Second  Appellate  Division,  December,  1904,  which  is,  in  part,  as  follows : 

"  '  Picketing '  may  simply  mean  the  stationing  of  men  for  observation.  If  in  the 
doing  of  this  act,  solely  for  such  purpose,  there  be  no  molestation  or  physical  an- 
noyance, or  let  or  hindrance  of  any  person  then  it  can  not  be  said  that  such  an  act 
is,  per  se,  unlawful.  But  '  picketing '  may  also  mean  the  stationing  of  a  man  or  men 
to  coerce  or  to  threaten,  or  to  intimidate  or  to  halt  or  to  turn  aside  against  their 
will  those  who  would  go  to  and  from  the  picketed  place  to  do  business,  or  to  work, 
or  to  seek  work  therein,  or  in  some  other  way  to  hamper,  hinder,  or  harass  the  free 
dispatch  of  business  by  the  employer.  In  that  case,  picketing  may  well  be  said  to 
be  unlawful.  *  *  *  I  may  add  that  I  am  not  prepared  to  say  that  all  picketing 
which  goes  no  further  than  '  persuasioo  and  entreaty  '  of  those  who  are  about  to 
work  or  to  seek  work  or  to  do  business  in  the  picketed  place  is  absolutely  lawful. 
A  wayfarer  upon  the  public  street  should  be  free  for  peaceful  travel.  No  man 
against  my  will  has  the  legal  right  to  occupy  the  public  street  to  arrest  my  course 
or  to  join  me  on  my  way,  be  he  ever  so  polite  or  gentle  in  his  insistence.  There 
may  be  no  intimidation,  and  yet  an  interruption  of  peaceful  travel.  There  may  be 
annoyance  without  danger." — Mills  v.  U.  S.  Printing  Co.,  99  App.  Div.  605 

BOYCOTTING. —  The  ruling  of  the  Court  of  Appeals  in  the  Gumming  case,  cited 
above,  modified  the  law  regarding  boycotts,  so  that,  the  courts  do  not  find  in  a 
boycott  per  se  the  malicious  purpose,  or  an  attempt  to  injure,  that  constitutes 
conspiracy  (Foster  v.  Retail  Clerks'  Protective  Association,  39  Misc.  48  [1902]  ; 
Butterick  Pub.  Co  v.  Typographical  Union  No.  6,  50  Misc.  1  [1906]).  The  injury 
Inflicted  may  be  only  an  incident  of  the  act  whereby  the  ultimate  end  is  gained 
(Mills  v.  U.  S.  Print.  Co.,  99  App.  Div.  605).  In  this  case  the  court  unani- 
mously indorsed  Bouvier's  statement,  "A  boycott  is  not  unlawful  unless  attended 
with  some  act  which  in  itself  is  illegal,"  and  continued  :  "  I  think  that  the  verb 
4  to  boycott '  does  not  necessarily  signify  that  the  doers  employ  violence,  intimida- 
tion or  other  unlawful  coercive  means,  but  that  it  may  be  correctly  used  in  the 
sense  of  the  act  of  a  combination  in  refusing  to  have  business  dealings  with  another 
until  he  removes  or  ameliorates  conditions  which  are  deemed  inimical  to  the  wel- 
fare of  the  members  of  the  combination,  or  some  of  them,  or  grants  concessions 

[208] 


LAWS  RELATING  TO  LABOE.  *  209 


which  are  deemed  to  make  for  that  purpose.  And  as  such  a  combination  may  be 
formed  and  held  together  by  argument,  persuasion,  entreaty  or  by  the  '  touch  of 
nature/  and  may  accomplish  its  purpose  without  violence  or  other  unlawful  means, 
i.  e.,  simply  by  abstention,  I  think  it  cannot  be  said  that  '  to  boycott '  is  to  offend 
the  law."  In  agreement  with  this  view,  see  the  opinion  of  the  Supreme  Court  of 
Missouri  (1901)  in  Marx  &  Hass  Jeans  Clothing  Co.  v.  Watson  (67  S.  W.  Rep. 
391).  On  the  other  hand,  the  earlier  rule  is  maintained  in  the  cases  of  Davis 
Machine  Co.  v.  Robinson  (41  Misc.  329)  and  People  v.  McFarlin  (43  Misc.  599). 
A  boycott  which  affects  inter-state  commerce  is  illegal  under  the  Federal  anti- 
trust law:  Loewe  v.  Lawlor,  208  U.  S.  274  (the  hatters'  case). 

BLACKLISTING. —  The  blacklist  is  in  principle  a  form  of  the  boycott,  but  is  car- 
ried on  in  such  secrecy  that  it  has  seldom  come  before  the  courts. 

THE  "  CLOSED  SHOP/' —  It  has  been  held  that  an  agreement  providing  for  the 
closed  shop  (i.  e.,  exclusive  employment  of  members  of  a  trade  union)  is  not  in 
violation  of  law  and  will  be  enforced  by  the  courts  :  Jacobs  v.  Cohen,  183  N.  Y. 
207  (1905)  ;  Nat'l  Fire  Proofing  Co.  v.  Mason  Builders'  Assn.,  145  Fed.  Rep.  260, 
(June,  1906);  Kissam  v.  U.  S.  Printing  Co.,  199  N.  Y.  76,  affirming  128  App. 
Div.  889.  But  no  agreement  whatever  makes  it  lawful  for  members  of  a  union 
to  coerce  or  maliciously  interfere  with  non-union  men  (Curran  v.  Galen,  52  N.  Y.  33, 
decided  in  1897  and  reaffirmed  in  Jacobs  case  just  cited.  Cf.  also  Beattie  v. 
Callanan,  82  App.  Div.  7).  Further,  a  strike  for  a  closed  shop  throughout  an  entire 
trade  in  a  locality  has  been  held  illegal  as  constituting  conspiracy  to  deprive  men 
of  the  exercise  of  the  right  to  work  (Schwartz  v.  Int'l  Ladies'  Garment  Workers' 
Union,  68  Misc.  528).  Similarly  a  requirement  by  employers  generally  in  a  com- 
munity that  employees  must  be  members  of  a  particular  union  is  illegal  (McCord 
v.  Thompson-Starrett  Co.,  129  App.  Div.  130,  aff'd  in  198  N.  Y.  587).  A  strike 
to  prevent  use  by  a  union  firm  of  materials  manufactured  by  a  non-union  firm 
has  been  held  both  illegal  on  the  ground  of  unlawful  interference  with  an  em- 
ployer's freedom  (Irving  v.  Joint  District  Council,  180  Fed.  Rep.  896;  Newton 
Co.  v.  Eiickson,  70  Misc.  291),  and  legal  as  within  the  rights  of  workingmen 
(Bossert  v.  United  Brotherhood  of  Carpenters  and  Joiners,  77  Misc.  &92)  ;  also 
a  strike  to  prevent  manufacture  of  goods  for  a  non-union  firm  (Schlang  v.  Ladies' 
Waist  Makers'  Union,  67  Misc.  222)  ;  both  these  being  regarded  as  unlawful  inter- 
ference with  an  employer's  freedom.  An  agreement  binding  workmen  to  work  only 
for  members  of  an  employers  association  has  been  held  illegal  (People  v.  Miller  in 
Magistrate's  Court,  New  York  City,  August  20,  1904). 

CONSPIEACY,  INTIMIDATION,   EXTORTION;  ETC. 

PENAJL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  580.  Definition  and  punishment  of  conspiracy. —  If  two  or  more  persona 
conspire : 

1.  To  commit  a  crime;  or 
************ 

5.  To  prevent  another  from  exercising  a  lawful  trade  or  calling,  or  doing 
any  other  lawful  act,  by  force,  threats,  intimidation,   or  by  interfering  or 
threatening  to  interfere  with  tools,  implements  or  property  belonging  to  or 
used  by  another,  or  with  the  use  or  employment  thereof;  or 

6.  To  commit  any  act  injurious  to  the  public  health,  to  public  morals,  or 
to  trade  or  commerce,  or  for  the  perversion  or  obstruction  of  justice,  or  of  the 
due  administration  of  the  laws; 

Each  of  them  is  guilty  of  a  misdemeanor. 

§  581.  Conspiracies  against  peace  of  the  state. —  If  two  or  more  persons, 
being  out  of  this  state,  conspire  to  commit  any  act  against  the  peace  of  this 
state,  the  commission  or  attempted  commission  of  which,  within  this  state, 
would  be  treason  against  the  state,  they  are  punishable  by  imprisonment  in 
a  state  prison  not  exceeding  ten  years. 


210  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

§  582.  Punishable  conspiracies. —  No  conspiracy  is  punishable  criminally  un- 
less it  is  one  of  those  enumerated  in  the  last  two  sections,  and  the  orderly 
and  peaceable  assembling  or  co-operation  of  persons  employed  in  any  calling, 
trade  or  handicraft  for  the  purpose  of  obtaining  an  advance  in  the  rate  of 
wages  or  compensation,  or  of  maintaining  such  rate,  is  not  a  conspiracy. 

§  1910.  Endangering  life  by  refusal  to  labor. —  A  person  who  wilfully  and 
maliciously,  either  alone  or  in  combination  with  others,  breaks  a  contract  of 
service  or  hiring,  knowing,  or  having  reasonable  cause  to  believe,  that  the 
probable  consequence  of  his  so  doing  will  be  to  endanger  human  life,  or  to 
cause  grievous  bodily  injury,  or  to  expose  valuable  property  to  destruction 
or  serious  injury,  is  guilty  of  a  misdemeanor. 

§  1480.  Depriving  members  of  national  guard  of  employment. —  A  person 
who,  either  by  himself  or  with  another,  wilfully  deprives  a  member  of  the 
national  guard  of  his  employment,  or  prevents  his  being  employed  by  himself 
or  another,  or  obstructs  or  annoys  said  member  of  said  national  guard,  or  his 
employer,  in  respect  of  his  trade,  business,  or  employment,  because  said 
member  of  said  national  guard  is  such  member,  or  dissuades  any  person  from 
enlistment  in  the  said  national  guard  by  threat  of  injury  to  him  in  case  he 
shall  so  enlist,  in  respect  of  his  employment,  trade,  or  business,  is  guilty  of 
a  misdemeanor. 

§  530.  Coercing  another  person  a  misdemeanor. —  A  person,  who  with  a  view 
to  compel  another  person  to  do  or  to  abstain  from  doing  an  act  which  such 
other  has  a  legal  right  to  do  or  to  abstain  from  doing,  wrongfully  and  un- 
lawfully, 

1.  Uses  violence  or  inflicts  injury  upon  such  other  person  or  his  family,  or 
a  member  thereof,  or  upon  his  property,  or  threatens  such  violence  or  in- 
jury; or 

2.  Deprives  any  such  person  of  any  tool,  implement,  or  clothing,  or  hinders 
him  in  the  use  thereof;  or 

3.  Uses  or  attempts  the  intimidation  of  such  person  by  threats  or  force; 
Is  guilty  of  a  misdemeanor. 

One  who  advises  or  induces  another  to  commit  assault  or  attempt  other  intimi- 
dation is  also  guilty  of  violating  this  prohibition,  thus  : 

§  2.  Definition  of  principal. — A  person  concerned  in  the  commission  of  a  crime, 
whether  he  directly  commits  the  act  constituting  the  offense  or  aids  and  abets  in  its 
commission,  and  whether  present  or  absent,  and  a  person  who  directly  or  indirectly 
counsels,  commands,  induces  or  procures  another  to  commit  a  crime,  is  a  principal. 

§  850.  Extortion  defined. —  Extortion  is  the  obtaining  of  property  from 
another,  with  his  consent,  induced  by  a  wrongful  use  of  force  or  fear,  or 
under  cover  of  official  right. 

§  851.  What  threats  may  constitute  extortion. —  Fear,  such  as  will  con- 
stitute extortion,  may  be  induced  by  an  oral  or  written  threat: 

1.  To  do  an  unlawful  injury  to  the  person  or  property  of  the  individual 
threatened,  or  to  any  relative  of  his  or  to  any  member  of  his  family;  or, 

2.  To  accuse  him,  or  any  relative  of  his  or  any  member  of  his  family,  of 
any  crime;  or, 

3.  To  expose,  or   impute  to  him,  or  any  of  them,  any  deformity  or  dis- 
grace; or, 


LAWS  RELATING  TO  LABOE.  *  211 

4.  To  expose  any  secret  affecting  him  or  any  of  them;  or, 

5.  To  kidnap  him  or  any  relative  of  his  or  member  of  his  family;  or 

6.  To  injure  his  person  or  property  or  that  of  any  relative  of  his  or  mem- 
ber of  his  family  by  the  use  of  weapons  or  explosives.     [As  am'd  6t/  L.  1911, 
chs.   121  and  602.] 

§  852.  Punishment  of  extortion. —  A  person  who  extorts  any  money  or 
other  property  from  another,  under  circumstances  not  amounting  to  robbery, 
is  punishable  by  imprisonment  not  exceeding  fifteen  years,  if  the  same  is  done 
by  means  of  force  or  a  threat  mentioned  in  section  eight  hundred  and  fifty 
or  in  either  of  the  first  four  subdivisions  of  section  eight  hundred  and  fifty- 
one,  and  by  imprisonment  for  not  less  than  five  years  nor  more  than  twenty 
years  if  the  same  is  done  by  means  of  a  threat  mentioned  in  subdivisions  five 
or  six  of  the  latter  section.  [As  am'd  by  L.  1909,  ch.  368  and  L.  1911, 
ch.  602.] 

Obtaining  money  by  threats  or  by  the  continuance  of  a  boycott  as  described  con- 
stitutes the  crime  of  extortion  under  the  above  sections.  Those  present  and  abetting 
when  the  money  is  paid  or  uniting  in  the  acts  that  lead  to  the  payment  or  the 
agreement  to  pay,  though  not  present  wh^n  the  money  is  received,  are  each  liable 
as  principals.  Whether  the  money  is  shared  personally  or  placed  in  a  fund  to  pay 
the  expenses  of  the  boycott  is  of  no  consequence  as  affecting  the  crime.  People  v. 
Wilzig,  N.  Y.  Cr.  403  (1886).  A  labor  leader  was  convicted  of  extortion  for  hav- 
ing accepted  a  sum  of  money  from  an  employer  to  pay  for  "  waiting  time,"  as 
alleged,  of  the  striking  employees.  People  v.  Barondess,  41  N.  Y.  659  (1891). 
Defendant,  the  head  of  a  labor  organization,  was  properly  charged  with  extortion 
when  evidence  showed  that  he  had  demanded  and  received  money  as  the  price  of 
abandoning  a  boycott  undertaken  to  coerce  plaintiffs  into  obedience  to  his  com- 
mands as  to  the  number  of  apprentices  they  should  employ.  People  v.  Hughes, 
137  N.  Y.  29  (1893).  Defendant,  president  of  a  labor  union,  was  convicted  of 
extortion  because  he  had  obtained  money  from  a  contractor  under  threat  of 
continuing  a  strike.  People  v.  Weinsheimer,  117  App.  Div.  603  (Feb.,  1907). 

§  720.  Relating  to  disorderly  conduct  on  public  conveyances. —  Any  person 
who  shall  by  any  offensive  or  disorderly  act  or  language,  annoy  or  interfere 
with  any  person  in  any  place  or  with  the  passengers  of  any  public  stage, 
railroad  car,  ferry  boat,  or  other  public  conveyance,  or  who  shall  dis- 
turb or  offend  the  occupants  of  such  stage,  car,  boat  or  conveyance,  by  any 
disorderly  act,  language  or  display,  although  such  act,  conduct  or  display 
may  not  amount  to  an  assault  or  battery,  shall  be  deemed  guilty  of  a  mis- 
demeanor. 

§  43.  Penalty  for  acts  for  which  no  punishment  is  expressly  prescribed. — 
A  person  who  wilfully  and  wrongfully  commits  any  act  which  seriously  in- 
jures the  person  or  property  of  another,  or  which  seriously  disturbs  or  en- 
dangers the  public  peace  or  health,  or  which  openly  outrages  public  decency, 
for  which  no  other  punishment  is  expressly  prescribed  by  this  chapter,  is 
guilty  of  a  misdemeanor;  but  nothing  in  this  chapter  contained  shall  be  so 
construed  as  to  prevent  any  person  from  demanding  an  increase  of  wages, 
or  from  assembling  and  using  all  lawful  means  to  induce  employers  to  pay 
such  wages  to  all  persons  employed  by  them,  as  shall  be  a  just  and  fair 
compensation  for  services  rendered. 


212  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

THE  "  ANTI-PINKERTON  "  ACT:  PROHIBITING  THE  APPOINTMENT  OF  NON- 
BESIDENTS  AS  SPECIAL  OFFICERS  TO  PRESERVE  THE  PUBLIC  PEACE, 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  1845.  Special  peace  officers  to  be  citizens. —  No  sheriff  of  a  county,  mayor 
of  a  city,  or  officials,  or  other  person  authorized  by  law  to  appoint  special 
deputy  sheriffs,  special  constables,  marshals,  policemen,  or  other  peace  officers 
in  this  state,  to  preserve  the  public  peace  or  quell  public  disturbance,  shall 
hereafter,  at  the  instance  of  any  agent,  society,  association  or  corporation, 
or  otherwise,  appoint  as  such  special  deputy,  special  constable,  marshal,  police- 
man, or  other  peace  officer,  any  person  who  shall  not  be  a  citizen  of  the 
United  States  and  a  resident  of  the  state  of  New  York,  and  entitled  to 
vote  therein  at  the  time  of  his  appointment,  and  a  resident  of  the  same  county 
as  the  mayor  or  sheriff  or  other  official  making  such  appointment;  and  no 
person  shall  assume  or  exercise  the  functions,  powers,  duties  or  privileges 
incident  and  belonging  to  the  office  of  special  deputy  sheriff,  special  constables, 
marshal  or  policeman,  or  other  peace  officer,  without  having  first  received  his 
appointment  in  writing  from  the  authority  lawfully  appointing  him. 

A  violation  of  the  provisions  of  this  section  is  a  misdemeanor. 

§  1846.  Making  arrest  without  lawful  authority. —  Any  person  who  shall, 
in  this  state,  without  due  authority,  exercise,  or  attempt  to  exercise  the 
functions  of,  or  hold  himself  out  to  any  one  as  a  deputy  sheriff,  marshal, 
or  policeman,  constable  or  peace  officer,  or  any  public  officer,  or  person  pre- 
tending to  be  a  public  officer,  who,  unlawfully,  under  the  pretense  or  color 
of  any  process,  arrests  any  person  or  detains  him  against  his  will,  or  seizes 
or  levies  upon  any  property,  or  dispossesses  any  one  of  any  lands  or  tene- 
ments without  a  regular  process  therefor,  is  guilty  of  a  misdemeanor.  But 
nothing  herein  contained  shall  be  deemed  to  affect,  repeal  or  abridge  the 
powers  authorized  to  be  exercised  under  sections  one  hundred  and  two,  one 
hundred  and  four,  one  hundred  and  sixty-nine,  one  hundred  and  eighty-three, 
eight  hundred  and  ninety-five,  eight  hundred  and  ninety-six  and  eight  hundred 
and  ninety-seven  of  the  code  of  criminal  procedure;  or  under  section  ninety 
of  the  railroad  law;  or  under  section  eleven  hundred  and  forty-seven  of  this 
chapter.  All  places  kept  for  summer  resorts  and  the  grounds  of  racing 
associations  in  the  counties  of  New  York,  Kings  and  Westchester,  are  hereby 
exempted  from  the  provisions  of  this  section. 

Cf.  the  Railroad  Law,  §  88,  under  "  Conductors  and  Trainmen  as  Policemen " 
under  RAILWAY  LABOR,  ante. 


REGULATION  OF  EMPLOYMENT  AGENCIES,  BOARDING 
HOUSES,  ETC.* 

EMPLOYMENT    OFFICES   IN   CITIES. 

[The  original  act  (L.  1904,  ch.  432,  afterwards  amended  by  L.  1906,  ch.  327) 
from  which  the  following  sections  were  derived,  was  held  to  be  a  constitutional 
exercise  of  the  police  power :  People  ex  rel.  Armstrong  v.  Warden  of  the  City 
Prison,  183  N.  Y.  223  (1905). 

The  amendment  of  1910  provides  that  said  amendment  "  shall  not  affect  the 
licenses  issued  pursuant  to  such  article  prior  to  the  taking  effect  of  this  act  until 
the  expiration  of  such  licenses  or  unless  such  licenses  are  terminated  as  provided 
herein.  Such  amendment  shall  not  affect  the  tenure  of  office  of  the  commissioner 
of  licenses,  the  deputy  commissioner  of  licenses  or  of  inspectors,  or  of  the  em- 
ployees to  whom  the  enforcement  of  such  law  relative  to  employment  agencies  is 
now  entrusted,  or  any  action,  or  cause  of  action,  arising  from  the  provisions  of 
article  eleven  of  the  general  business  law."] 

GENERAL  BUSINESS  LAW,  CHAPTER  20  OF  THE  CONSOLIDATED  LAWS. 

ARTICLE    11. 

[As  am'd  by  L.   1910,  ch.  700.] 
Employment    Agencies. 

Section  170.  Application  of  article. 

171.  Definitions. 

172.  License  required. 

173.  Application  for  license. 

174.  Procedure  upon  application  ;  grant  of  license. 

175.  Form  and  contents  of  license. 

176.  Assignment  or  transfer  of  license;  change  of  location. 

177.  Bonds  and  license  fees. 

178.  Action  on  bond. 

179.  Registers  to  be  kept. 

180.  Statements  to  be  filed  in  theatrical  employment  agencies. 

181.  Card  to  be  furnished  to  applicant  for  employment. 

182.  Employment  contracts. 

183.  Theatrical  employment  contracts. 

184.  Inspection  of  registers,  books  and  records. 

185.  Fees  charged  by  persons  conducting  employment  agencies. 

186.  Return  of  fees. 

187.  Receipt  for  fees  paid. 

188.  Copies  of  law  to  be  posted. 

189.  False  or  misleading  advertisements  and  information. 

190.  Prohibition  as  to  employment  agencies. 

191.  Enforcement  of  provisions  of  this  article. 

192.  Penalties  for  violations. 

§  170.  Application  of  article. —  1.  This  article  shall  apply  to  all  cities  of 
the  state,  except  that  the  provisions  hereof  relating  to  domestic  and  com- 
mercial employment  agencies  shall  not  apply  to  cities  of  the  third  class. 
This  article  does  not  apply  to  employment  agencies  which  procure  employ- 
ment for  persons  as  teachers  exclusively,  or  employment  for  persons  in  tech- 
nical or  executive  positions  in  recognized  educational  institutions;  to  regis- 

*Cf.  §  156  of  the  Labor  Law,  ante,  regulating  immigrant  lodging  places. 

[213] 


214  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

tries  conducted  by  duly  incorporated  associations  of  registered  nurses;  and 
employment  bureaus  conducted  by  registered  medical  institutions  or  duly 
incorporated  hospitals.  Nor  does  such  article  apply  to  departments  or 
bureaus  maintained  by  persons  for  the  purpose  of  securing  help  or  em- 
ployees, where  no  fee  is  charged. 

§  171.  Definitions. —  1.  When  used  in  this  article  the  following  terms  are 
denned  as  herein  specified.  The  term  "  person  "  means  and  includes  any  indi- 
vidual, company,  society,  association,  corporation,  manager,  contractor,  sub- 
contractor or  their  agents  or  employees. 

2.  The   term  "employment   agency"   means   and  includes   the  business   of 
conducting,   as  owner,   agent,  manager,   contractor,  subcontractor  or   in  any 
other   capacity  an   intelligence  office,   domestic  and   commercial   employment 
agency,  theatrical  employment  agency,  general  employment  bureau,  shipping 
agency,  nurses'  registry,   or  any  other   agency  or  office   for  the  purpose  of 
procuring  or  attempting  to  procure  help  or  employment  or  engagements  for 
persons  seeking  employment  or  engagements,  or  for  the  registration  of  per- 
sons seeking  such  help,  employment  or  engagement,  or  for  giving  informa- 
tion as  to  where  and  of  whom  such  help,  employment  or  engagement  may  be 
procured,  where  a  fee  or  other  valuable  consideration  is  exacted,  or  attempted 
to  be  collected  for  such  services,  whether  such  business  is  conducted  in  a 
building  or  on  the  street  or  elsewhere. 

3.  The  term  "  theatrical  employment  agency  "  means  and  includes  the  busi- 
ness of  conducting  an  agency,  bureau,  office  or  any  other  place  for  the  pur- 
pose of  procuring  or  offering,  promising  or  attempting  to  provide  engagements 
for  circus,  vaudeville,  theatrical  and  other  entertainments  or  exhibitions  or 
performances,  or  of  giving  information  as  to  where  such  engagements  may 
be  procured  or  provided,  whether  such  business  is  conducted  in  a  building, 
on  the  street  or  elsewhere. 

4.  The  term  "theatrical  engagement"  means  and  includes  any  engagement 
or  employment  of  a  person  as  an  actor,  performer  or  entertainer  in  a  circus, 
vaudeville,   theatrical   and   other   entertainment,    exhibition    or    performance. 

5.  The  term  "  emergency  engagement "  means  and  includes  an  engagement 
which  has  to  be  performed  within  twenty-four  hours  from  the  time  when 
the  contract  for  such  engagement  is  made. 

6.  The  term  "  fee "  means  and  includes  any  money  or  other  valuable  con- 
sideration paid  or  promised  to  be  paid  for  services  rendered  or  to  be  rendered 
by  any  person  conducting  an  employment  agency  of  any  kind  under  the  pro- 
visions of  this  article.    Such  term  includes  any  excess  of  money  received  by 
any  such  person  over  what  has  been  paid  out  by  him  for  the  transportation, 
transfer  of  baggage,  or  board  and  lodging  for  any  applicant  for  employment; 
such,  term  also  includes  the  difference  between  the  amount  of  money  received 
by  any  such  person  who  furnishes  employees,  performers  or  entertainers  for 
circus,  vaudeville,  theatrical  and  other  entertainments,  exhibitions  or  perform- 
ances, and  the  amount  paid  by  him  to  the  said  employees,  performers  or  enter- 
tainers whom  he  hires  or  provides  for  such  entertainments,  exhibitions  or 
performances. 

7.  The  term  "privilege"  means  and  includes  the  furnishing  of  food,  sup- 
plies,  tools    or    shelter   to   contract    laborers,   commonly   known   as   commis- 
sary privileges. 


LAWS  RELATING  TO  LABOR.  *  215 

§  172.  License  required. —  A  person  shall  not  open,  keep,  maintain  or  carry 
on  any  employment  agency,  as  defined  in  the  preceding  section,  unless  he 
shall  have  first  procured  a  license  therefor  as  provided  in  this  article  from 
the  mayor  or  the  commissioner  of  licenses  of  the  city  in  which  such  person 
intends  to  conduct  such  agency.  Such  license  shall  be  posted  in  a  conspicu- 
ous place  in  said  agency.  Any  person  who  shall  open  or  conduct  such  an 
employment  agency  without  first  procuring  said  license  shall  be  guilty  of  a 
misdemeanor  and  shall  be  punishable  by  a  fine  of  not  less  than  twenty-five 
dollars  and  not  more  than  two  hundred  and  fifty  dollars,  or  by  imprison- 
ment for  a  period  of  not  more  than  one  year,  or  both,  at  the  discretion  of 
the  court. 

See  requirement  of  registration  with  state  commissioner  of  labor  under  §  155 
of  the  Labor  Law,  ante. 

§  173.  Application  for  license. —  An  application  for  such  license  shall  be 
made  to  the  mayor  or  comimissioner  of  licenses,  in  case  such  office  shall  have 
been  established  as  herein  provided.  Such  application  shall  be  written  and 
in  the  form  prescribed  by  the  mayor  or  commissioner  of  licenses,  and  shall 
state  the  name  and  address  of  the  applicant;  the  street  and  number  of  the 
building  or  place  where  the  business  is  to  be  conducted;  whether  the  appli- 
cant proposes  to  conduct  a  lodging  house  for  the  unemployed  separate  from 
the  agency  which  he  proposes  to  conduct;  the  business  or  occupation  engaged 
in  by  the  applicant  for  at  least  two  years  immediately  preceding  the  date 
of  the  application.  Such  application  shall  be  accompanied  by  the  affidavits 
of  at  least  two  reputable  residents  of  the  city  to  the  effect  that  the  applicant 
is  a  person  of  good  moral  character. 

§  174.  Procedure  upon  application;  grant  of  license. —  Upon  the  receipt 
of  an  application  for  a  license  the  mayor  or  commissioner  of  licenses  shall 
cause  the  name  and  address  of  the  applicant,  and  the  street  and  number  of 
the  place  where  the  agency  is  to  be  conducted,  to  be  posted  in  a  conspicuous 
place  in  his  public  office.  The  said  mayor  or  commissioner  of  licenses  shall 
investigate  or  cause  to  be  investigated  the  character  and  responsibility  of 
the  applicant  and  shall  examine  or  cause  to  be  examined  the  premises  desig- 
nated in  such  application  as  the  place  in  which  it  is  proposed  to  conduct 
such  agency.  Any  person  may  file,  within  one  week  after  such  application 
is  so  posted  in  the  said  office,  a  written  protest  against  the  issuance  of  such 
license.  Such  protest  shall  be  in  writing  and  signed  by  the  person  filing 
the  same  or  his  authorized  agent  or  attorney,  and  shall  state  reasons  why 
the  said  license  should  not  be  granted.  Upon  the  filing  of  such  protest 
the  mayor  or  commissioner  of  licenses  shall  appoint  a  time  and  place  for 
the  hearing  of  such  application,  and  shall  give  at  least  five  days'  notice  of  such 
time  and  place  to  the  applicant  and  person  filing  such  protest.  The  said 
mayor  or  commissioner  of  licenses  may  administer  oaths,  subpoena  wit- 
nesses and  take  testimony  in  respect  to  the  matters  contained  in  such  ap- 
plication and  protest  or  complaints  of  any  character  for  violations  of  this 
article,  and  may  receive  evidence  in  the  form  of  affidavits  pertaining  to 
such  matters.  If  it  shall  appear  upon  such  hearing  or  from  the  inspection 
or  examination  made  by  the  said  mayor  or  commissioner  of  licenses  that 
the  said  protest  is  sustained  or  that  the  applicant  is  not  a  person  of  good 
character,  or  that  the  place  where  such  agency  is  to  be  conducted  is  not  a 


216  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

suitable  place  therefor,  or  that  the  applicant  has  not  complied  with  the 
provisions  of  this  article,  the  said  application  shall  be  denied  and  a  license 
shall  not  be  granted.  Each  application  should  be  granted  or  refused  within 
thirty  days  from  the  date  of  its  filing.  The  license  shall  run  to  the  first 
Tuesday  of  May  next  following  the  date  thereof  and  no  later,  unless  sooner 
revoked  by  the  mayor  or  the  commissioner  of  licenses.  No  license  shall 
be  granted  to  a  person  to  conduct  the  business  of  an  employment  agency 
in  rooms  used  for  living  purposes  or  where  boarders  or  lodgers  are  kept 
or  where  meals  are  served  or  where  persons  sleep  or  in  connection  with  a 
building  or  premises  where  intoxicating  liquors  are  sold  to  be  consumed 
on  the  premises,  excepting  cafes  and  restaurants  in  office  buildings. 

§  175.  Form  and  contents  of  license. —  Every  license  shall  contain  the  name 
of  the  person  licensed,  a  designation  of  the  city,  street  and  number  of  the 
house  in  which  the  person  licensed  is  authorized  to  carry  on  the  said  em- 
ployment agency,  and  the  number  and  date  of  such  license.  Such  license 
shall  not  be  valid  to  protect  any  other  than  the  person  to  whom  it  is  issued 
or  any  place  other  than  that  designated  in  the  license  and  shall  not  be 
transferred  or  assigned  to  any  other  person  unless  consent  is  obtained  from 
the  mayor  or  commissioner  of  licenses,  as  hereinafter  provided.  If  such 
licensed  person  shall  conduct  a  lodging  house  for  the  unemployed  separate 
and  apart  from  such  agency,  it  shall  be  so  designated  in  the  license. 

§  176.  Assignment  or  transfer  of  license;  change  of  location. — A  license 
granted  as  provided  in  this  article  shall  not  be  assigned  or  transferred  with- 
out the  consent  of  the  mayor  or  commissioner  of  licenses.  Applications 
for  such  consent  shall  be  made  in  the  same  manner  as  an  application  for  a 
license,  and  all  the  provisions  of  sections  one  hundred  and  seventy-three 
and  one  hundred  and  seventy-four  relating  to  the  granting  of  applications 
for  licenses,  including  the  procedure  upon  such  application  and  the  posting 
of  the  names  and  addresses  of  applicants  shall  apply  to  applications  for 
such  consent.  No  license  fee  shall  be  required  upon  such  assignment  or 
transfer.  The  location  of  an  employment  agency  shall  not  be  changed  with- 
out the*  consent  of  the  mayor  or  commissioner  of  licenses,  and  such  change 
of  location  shall  be  indorsed  upon  the  license. 

§  177.  Bonds  and  license  fees. —  1.  Every  person  licensed  under  the  pro- 
visions of  this  act  to  carry  on  the  business  of  an  employment  agency  shall 
pay  to  the  mayor  or  the  commissioner  of  licenses  a  license  fee  of  twenty- 
five  dollars  before  such  license  is  issued.  He  shall  also  deposit  before  such 
license  is  issued,  with  the  commissioner  of  licenses,  in  every  city  where  there 
is  a  commissioner  of  licenses,  or  clerk  of  the  city,  a  bond  in  the  penal  sum  of 
one  thousand  dollars  with  two  or  more  sureties  or  a  duly  authorized  surety 
company,  to  be  approved  by  the  mayor  or  the  commissioner  of  licenses. 

2.  The  bond  executed  as  provided  in  the  preceding  subdivision  of  this 
section  shall  be  payable  to  the  people  of  the  city  in  which  any  such  license 
is  issued  and  shall  be  conditioned  that  the  person  applying  for  the  license 
will  comply  with  this  article,  and  shall  pay  all  damages  occasioned  to  any 
person  by  reason  of  any  misstatement,  misrepresentation,  fraud  or  deceit, 
or  any  unlawful  act  or  omission  of  any  licensed  person,  his  agents  or 
employees,  while  acting  within  the  scope  of  their  employment,  made,  com- 


LAWS  RELATING  TO  LABOE.  *  217 

mitted  or  omitted  in  the  business  conducted  under  such  license,  or  caused 
by  any  other  violation  of  this  article  in  carrying  on  the  business  for  which 
such  license  is  granted. 

3.  If  at  any  time,  in  the  opinion  of  the  mayor,  or  the  commissioner  of 
licenses,  the  sureties  or  any  of  them  shall  become  irresponsible  the  person 
holding  such  license  shall,  upon  notice  from  the  mayor  or  the  commissioner  of 
licenses,  give  a  new  bond,  subject  to  the  provisions  of  this  section.  The 
failure  to  give  a  new  bond  within  ten  days  after  such  notice,  in  the  discre- 
tion of  the  mayor  or  commissioner  of  licenses,  shall  operate  as  a  revocation 
of  such  license  and  the  license  shall  be  thereupon  returned  to  the  mayor 
or  the  commissioner  of  licenses  who  shall  destroy  the  same. 

§  178.  Action  on  bond;  suits  how  brought. —  All  claims  or  suits  brought 
in  any  court  against  any  licensed  person  may  be  brought  in  the  name  of  the 
person  damaged  upon  the  bond  deposited  with  city  by  such  licensed  person 
as  provided  in  section  one  hundred  and  seventy- seven  and  may  be  trans- 
ferred and  assigned  as  other  claims  for  damages  in  civil  suits.  The  amount 
of  damages  claimed  by  plaintiff,  and  not  the  penalty  named  in  the  bond, 
shall  determine  the  jurisdiction  of  the  court  in  which  the  action  is  brought. 
Where  such  licensed  person  has  departed  from  the  state  with  intent  to  de- 
fraud his  creditors  or  to  avoid  the  service  of  a  summons  in  an  action 
brought  under  this  section,  service  shall  be  made  upon  the  surety  as  pre- 
scribed in  the  code  of  civil  procedure.  A  copy  of  such  summons  shall  be 
mailed  to  the  last  known  post-office  address  of  the  residence  of  the  licensed 
person  and  the  place  where  he  conducted  such  employment  agency,  as  shown 
by  the  records  of  the  mayor  or  commissioner  of  licenses.  Such  service 
thereof  shall  be  deemed  to  be  made  when  not  less  than  the  number  of  days 
shall  have  intervened  between  the  dates  of  service  and  the  return  of  the 
same  as  provided  by  the  civil  procedure  for  the  particular  court  in  which 
suit  has  been  brought. 

§  179.  Registers  to  be  kept. —  It  shall  be  the  duty  of  every  licensed  person 
to  keep  a  register,  approved  by  the  mayor  or  the  commissioner  of  licenses, 
in  which  shall  be  entered,  in  the  English  language,  the  date  of  the  applica- 
tion for  employment;  the  name  and  address  of  the  applicant  to  whom 
employment  is  promised  or  offered,  or  to  whom  information  or  assistance 
is  given  in  respect  to  such  employment;  the  amount  of  the  fee  received, 
and  whenever  possible,  the  names  and  addresses  of  former  employers  or 
persons  to  whom  such  applicant  is  known.  Such  licensed  person  shall  also 
enter  in  the  same  or  in  a  separate  register,  approved  by  the  mayor  or 
commissioner  of  licenses,  in  the  English  language,  the  name  and  address 
of  every  applicant  accepted  for  help,  the  date  of  such  application,  kind 
of  help  requested,  the  names  of  the  persons  sent,  with  the  designation  of  the 
one  employed,  the  amount  of  the  fee  received  and  the  rate  of  wages  agreed 
upon.  No  such  licensed  person,  his  agent  or  employees,  shall  make  any 
false  entry  in  such  registers.  It  shall  be  the  duty  of  every  licensed  person, 
whenever  possible,  to  communicate  orally  or  in  writing  with  at  least  one 
of  the  persons  mentioned  as  references  for  every  applicant  for  work  in 
private  families,  or  employed  in  a  fiduciary  capacity,  and  the  result  of 
such  investigation  shall  be  kept  on  file  in  such  agency;  provided,  that  if 


218  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

the  applicant  for  help  voluntarily  waives  in  writing  such  investigation  of 
references  by  the  licensed  person,  failure  on  the  part  of  the  licensed  person 
to  make  such  investigation  shall  not  be  deemed  a  violation  of  this  section. 

See  also  requirements  as  to  registration  in  §  155  of  the  Labor  Law,  ante. 

§  180.  Statements  to  be  filed  in  theatrical  employment  agencies.— Every 
licensed  person  conducting  a  theatrical  employment  agency,  before  making 
a  theatrical  engagement,  except  an  emergency  engagement,  for  any  person 
with  any  applicant  for  services  in  any  such  engagement  shall  prepare  and 
file,  in  such  agency  a  written  statement  signed  and  verified  by  such  licensed 
person  setting  forth  how  long  the  applicant  has  been  engaged  in  the  theatri' 
cal  business.  Such  statement  shall  set  forth  whether  or  not  such  applicant 
has  failed  to  pay  salaries  or  left  stranded  any  companies,  in  which  such 
applicant  and,  if  a  corporation  any  of  its  officers  or  directors,  have  been 
financially  interested  during  the  five  years  preceding  the  date  of  application 
and,  further,  shall  set  forth  the  names  of  at  least  two  persons  as  references. 
If  such  applicant  is  a  corporation,  such  statement  shall  set  forth  the  names 
of  the  officers  and  directors  thereof  and  the  length  of  time  such  corpora- 
tion or  any  of  its  officers  has  been  engaged  in  the  theatrical  business  and, 
the  amount  of  its  paid-up  capital  stock.  If  any  allegation  in  such  written, 
verified  statement  is  made  upon  information  and  belief,  the  person  verifying 
the  statement  shall  set  forth  the  sources  of  his  information  and  the 
grounds  of  his  belief.  Such  statement  so  on  file  shall  be  kept  for  the 
benefit  of  any  person  whose  services  are  sought  by  any  such  applicant  a9 
employer. 

§  181.  Card  to  be  furnished  to  applicant  for  employment. —  Every  such 
licensed  person  shall  give  to  each  applicant  for  domestic  or  commercial  em- 
ployment a  card  or  printed  paper  containing  the  name  of  the  applicant,  the 
name  and  address  of  such  employment  agency  and  the  written  name  and 
address  of  the  person  to  whom  the  applicant  is  sent  for  employment;  kind 
of  services  to  be  performed;  rate  of  wages  or  compensation;  the  time  of 
such  services,  if  definite,  and  if  indefinite,  to  be  so  stated;  and  the  name 
and  address  of  person  authorized  the  hiring  of  such  applicant,  and  the  cost 
of  transportation  if  the  services  are  required  outside  of  the  city  where  such 
agency  is  located. 

§  182.  Employment  contract.— A  licensed  person  shall  not  induce  or 
attempt  to  induce  any  employee  to  leave  his  employment  with  a  view  to 
obtaining  other  employment  through  such  agency.  Whenever  such  licensed 
person  or  any  other  acting  for  him,  agrees  to  send  one  or  more  persons  to 
work  as  contract  laborers  in  any  one  place  outside  the  city  in  which  such 
agency  is  located,  the  said  licensed  person  shall  file  with  the  mayor  or 
commissioner  of  licenses,  within  five  days  after  the  contract  is  made,  a  state- 
ment containing  the  following  items:  Name  and  address  of  the  employer; 
name  and  address  of  the  employee;  nature  of  the  work  to  be  performed,  hours 
of  labor;  wages  offered,  destination  of  the  persons  employed,  and  terms  of 
transportation.  A  duplicate  copy  of  this  statement  shall  be  given  to  the  ap- 
plicant for  employment,  in  a  language  which  he  is  able  to  understand,  before 
he  leaves  the  city. 

§  183.  Theatrical    employment;     contracts. —  Every    licensed    person    who 
shall  procure  for  or  offer  to  an  applicant  a  theatrical  engagement  shall  have 


LAWS  RELATING  TO  LABOK.          *  219 

executed  in  duplicate  a  contract  containing  the  name  and  address  of  the 
applicant;  the  name  and  address  of  the  employer  of  the  appli- 
cant and  of  the  person  acting  for  such  employer  in  employing  such 
applicant;  the  time  and  duration  of  such  engagement;  the  amount  to  be 
paid  to  such  applicant;  the  character  of  entertainment  to  be  given  or  ser- 
vices to  be  rendered;  the  number  of  performances  per  day  or  per  week  that 
are  to  be  given  by  said  applicant;  if  a  vaudeville  engagement,  the  name  of 
the  person  by  whom  the  transportation  is  to  be  paid,  and  if  by  the  ap- 
plicant, either  the  cost  of  the  transportation  between  the  places  where  said 
entertainment  or  services  are  to  be  given  or  rendered,  or  the  average  cost 
of  transportation  between  the  places  where  such  services  are  to  be  given 
or  rendered;  and  if  a  dramatic  engagement  the  cost  of  transportation  io 
the  place  where  the  services  begin  if  paid  by  the  applicant;  and  the  gross 
commission  or  fees  to  be  paid  by  said  applicant  and  to  whom.  Such  contracts 
shall  contain  no  other  conditions  and  provisions  except  such  as  are 
equitable  between  the  parties  thereto  and  do  not  constitute  an  unreasonable 
restriction  of  business.  The  form  of  such  contract  shall  be  first  approved 
by  the  mayor  or  commissioner  of  licenses  and  his  determination  shall  be 
reviewable  by  certiorari.  One  of  such  duplicate  contracts  shall  be  delivered 
to  the  person  engaging  the  applicant  and  the  other  shall  be  retained  by  the 
applicant.  The  licensed  person  procuring  such  engagement  for  such  appli- 
cant shall  keep  on  file  or  enter  in  a  book  provided  for  that  purpose  a  copy 
of  such  contract. 

§  184.  Inspection  of  registers,  books  and  records. —  All  registers,  books, 
records  and  other  papers  required  to  be  kept  pursuant  to  this  article  in  any 
employment  agency  shall  be  open  at  all  reasonable  hours  to  the  inspection 
of  the  mayor  or  commissioner  of  licenses,  and  to  any  duly  authorized  agent 
or  inspector  of  such  mayor  or  commissioner. 

See  also  power  of  state  commissioner  of  labor  to  inspect  in  §§  153  and  155 
of  Labor  Law,  ante. 

§  185.  Fees  chargefl  by  persons  conducting  employment  agencies. — 1.  The 
gross  fees  of  licensed  persons  charged  to  applicants  for  employment  as 
lumbermen,  agricultural  hands,  coachmen,  grooms,  hostlers,  seamstresses, 
cooks,  waiters,  waitresses,  scrub- women,  laundresses,  maids,  nurses  (except 
professionals),  and  all  domestics  and  servants,  unskilled  workers  and  general 
laborers,  shall  not  in  any  case  exceed  ten  per  centum  of  the  first  month's 
wages,  and  for  all  other  applicants  for  employment,  shall  not  exceed  the 
amount  of  the  first  week's  wages  or  salary  unless  the  period  of  employment 
is  for  at  least  one  year,  and  at  a  yearly  salary,  and  in  that  event  the  gross 
fee  charged  shall  not  exceed  five  per  centum  of  the  first  year's  salary,  except 
when  the  employment  or  engagement  is  of  a  temporary  nature,  not  to  exceed 
in  any  single  contract  one  month,  then  the  fee  shall  not  exceed  ten  per 
centum  of  the  salary  paid. 

2.  The  gross  fees  of  licensed  persons  charged  to  applicants  for  theatrical 
engagements  by  one  or  more  such  licensed  persons,  individually  or  col- 
lectively procuring  such  engagements,  except  vaudeville  or  circus  engage- 
ments, shall  not  in  any  case  exceed  the  gross  amount  of  five  per  centum 
of  the  wages  or  salary  of  the  engagement  when  the  engagement  is  less  than 
ten  weeks;  and  an  amount  of  five  per  centum  of  the  salary  or  wages  per 


220  *       REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

week  for  ten  weeks  of  a  season's  engagement  constituting  ten  weeks  or 
more.  The  gross  fees  charged  by  such  licensed  persons  to  applicants  for 
vaudeville  or  circus  engagements  by  one  or  more  such  licensed  persons,  in- 
dividually or  collectively,  procuring  such  engagement,  shall  not  in  any  case 
exceed  five  per  centum  of  the  salary  or  wages  paid.  The  gross  fees  for  a 
theatrical  engagement,  except  an  emergency  engagement,  shall  be  due  and 
payable  at  the  end  of  each  week  of  the  engagement,  and  shall  be  based  on 
the  amount  of  compensation  actually  received  for  such  engagement,  except 
when  such  engagement  is  unfulfilled  through  any  act  within  the  control  of 
the  applicant  for  such  engagement. 

3.  A  licensed  person  conducting  any  employment  agency  under  this  article 
shall  not  receive  or  accept  any  valuable  thing  or  gift   as   a  fee  or  in   lieu 
thereof.    No   such  licensed   person   shall   divide  or   share,   either   directly   or 
indirectly,    the    fees    herein    allowed,    with    contractors,    subcontractors,    em- 
ployers or  their  agents,  foremen  or  any  one  in  their  employ,  or  if  the  con- 
tractors, subcontractors  or  employers  be  a  corporation,  any  of  the  officers, 
directors  or  employees  of  the  same  to  whom  applicants  for  employment  or 
theatrical   engagements    are    sent. 

4.  Any   person   violating   the   provisions  of  this    section   shall   be   deemed 
guilty  of  a  misdemeanor  and  upon  conviction  of  any  licensed  person  for  any 
violation  thereof  shall  be  subject  to  a  fine  of  not  less  than  twenty-five  dol- 
lars and  not  more  than  two  hundred  and  fifty  dollars,  or  imprisonment  for 
not  more  than  one  year,  or  both,  at  the  discretion  of  the  court,  and  the 
mayor  or  commissioner  of   licenses  shall   forthwith  cancel  and  revoke  the 
license  of  such  person. 

^IKISG.  Return  of  fees. —  1.  In  pase  a  person  applying  for  help  or  employ- 
ment of  a  domestic  or  commercial  employment  agency  shall  not  accept  help 
or  obtain  employment  through  such  agency,  then  the  licensed  person  con- 
ducting such  agency  shall  on  demand  repay  the  full  amount  of  the  said 
fee,  allowing  three  days'  time  to  determine  the  fact  of  the  applicant's  failure 
to  obtain  help  or  employment.  If  an  employee  furnished  fails  to  remain 
one  week  in  the  situation,  a  new  employee  shall  be  furnished  to  the  appli- 
cant for  help  if  he  so  elects,  or  three-fifths  of  the  fee  returned,  within  four 
days  of  demand;  provided  said  applicant  for  help  notifies  said  licensed 
person  within  thirty  days  of  the  failure  of  the  applicant  to  accept  the  posi- 
tion or  of  the  applicant's  discharge  for  cause.  If  the  employee  is  discharged 
within  one  week  without  said  employee's  fault  another  position  shall  be 
furnished,  or  three-fifths  of  the  fee  returned  to  the  applicant  for  employ- 
ment if  he  so  elects.  Failure  of  said  applicant  for  help  to  notify  said 
licensed  person  that  such  has  been  obtained  through  means  other  than  said 
agency  shall  entitle  said  licensed  person  to  retain  or  collect  three-fifths  of 
the  said  fee. 

2.  No  such  licensed  person  shall  send  out  any  applicant  for  employment 
without  having  obtained,  either  orally  or  in  writing,  a  bona  fide  order  there- 
for, and  if  it  shall  appear  that  no  employment  of  the  kind  applied  for 
existed  at  the  place  to  which  said  applicant  was  directed,  the  said  licensed 
person  shall  refund  to  such  applicant  within  three  days  of  demand  any  sums 
paid  by  said  applicant  for  transportation  in  going  to  and  returning  from  said 
place,  and  all  fees  paid  by  said  applicant. 


LAWS  RELATING  TO  LABOR.          *  221 

§  187.  Receipt  for  fees  paid. —  It  shall  be  the  duty  of  every  such  licensed 
person  conducting  an  employment  agency  to  give  to  every  applicant  for  em- 
ployment from  whom  a  fee  shall  be  received  a  receipt  in  which  shall  be 
stated,  the  name  of  said  applicant,  the  date  and  amount  of  the  fee,  and  the 
purpose  for  which  it  was  paid,  and  to  every  applicant  for  help  a  receipt 
stating  the  name  and  address  of  said  applicant,  the  date  and  amount  of  the 
fee,  and  the  kind  of  help  to  be  provided.  Every  such  receipt,  excepting 
those  given  by  theatrical  employment  agencies,  shall  have  printed  on  the 
back  thereof  a  copy  of  sections  one  hundred  and  eighty-five,  one  hundred 
and  eighty-six,  one  hundred  and  eighty-seven,  in  the  English  language  and 
in  any  language  which  the  person  to  whom  the  receipt  is  issued  can  under- 
stand. 

§  188.  Copies  of  law  to  be  posted. —  Every  licensed  person  shall  post  in  a 
conspicuous  place  in  each  room  of  such  agency  sections  one  hundred  and 
seventy-eight,  one  hundred  and  eighty,  one  hundred  and  eighty-one,  one 
hundred  and  eighty-two,  one  hundred  and  eighty-three,  one  hundred  and 
eighty-five,  one  hundred  and  eighty-six,  one  hundred  and  eighty-seven  and 
one  hundred  and  eighty-nine,  of  this  article,  which  shall  be  printed  in  large 
type  in  languages  in  which  persons  commonly  doing  business  with  such  office 
can  understand.  Such  printed  law  shall  also  contain  the  name  and  address 
of  the  officer  charged  with  the  enforcement  of  this  article  in  such  city. 

§  189.  False  or  misleading  advertisements  and  information.— No  licensed 
person  conducting  any  employment  agency  shall  publish  or  cause  to  be 
published  any  false  or  fraudulent  or  misleading  information,  representa- 
tion, notice  or  advertisement;  all  advertisements  of  such  employment  agency 
by  means  of  cards,  circulars,  or  signs  and  in  newspapers  and  other  publica- 
tions, and  all  letter  heads,  receipts  and  blanks  shall  be  printed  and  contaL. 
the  licensed  name  and  address  of  such  employment  agent  and  the  word 
iigency,  and  no  licensed  person  shall  give  any  false  information,  or  make 
any  false  promise  or  false  representation  concerning  an  engagement  or  em- 
ployment to  any  applicant  who  shall  register  or  apply  for  an  engagement  or 
employment  or  help. 

§  190.  Prohibitions  as  to  employment  agencies. —  No  licensed  person  con- 
ducting an  employment  agency  shall  send  or  cause  to  be  sent  any  female 
as  a  servant,  employee,  inmate,  entertainer  or  performer,  or  any  male  as 
an  employee  or  entertainer  to  any  place  of  bad  repute,  house  of  ill- fame,  or 
assignation  house,  or  to  any  house  or  place  of  amusement  kept  for  immoral 
purposes,  or  place  resorted  to  for  the  purposes  of  prostitution,  or  gambling 
house,  the  character  of  which  such  licensed  person  could  have  ascertained 
upon  reasonable  inquiry.  No  licensed  person  shall  send  out  any  female  ap- 
plicant for  employment,  without  making  a  reasonable  effort  to  investigate 
the  character  of  the  employer.  Nor  shall  any  such  licensed  person  send  any 
female  as  an  entertainer  or  performer  to  any  place  where  such  female  will 
be  required  or  permitted  to  sell,  offer  for  sale  or  solicit  the  sale  of  intoxi- 
cating liquors  to  those  present  or  assembled  as  an  audience  or  otherwise  in 
such  place  or  in  any  rooms  or  buildings  adjacent  thereto.  No  licensed  person 
shall  knowingly  permit  any  persons  of  bad  character,  prostitutes,  gamblers, 
intoxicated  persons  or  procurers  to  frequent  such  agency.  No  licensed  per- 


222  *   REPORT  OF  THE  COMMISSIONER  or  LABOR,  1913. 

son  shall  accept  any  application  for  employment  made  by  or  on  behalf  of 
any  child  or  shall  place  or  assist  in  placing  any  such  child  in  any  employ- 
ment whatever  in  violation  of  article  twenty  of  the  education  law,  relating 
to  compulsory  education,  and  in  violation  of  the  labor  law.  No  licensed  per- 
son, his  agents,  servants  or  employees  shall  induce  or  compel  any  person  to 
enter  such  agency  for  any  purpose,  by  the  use  of  force  or  by  taking  forcible 
possession  of  said  person's  property.  No  person  shall  procure  or  offer  to 
procure  help  or  employment  in  rooms  or  on  premises  where  intoxicating 
liquors  are  sold  to  be  consumed  on  the  premises  whether  or  not  dues  or  a  fee 
or  privilege  are  exacted,  charged  or  received  directly  or  indirectly,  except  in 
office  buildings  in  which  are  located  cafes  and  restaurants.  For  the  violation 
of  any  of  the  foregoing  provisions  of  this  section  the  penalties  shall  be  a  fine 
of  not  less  than  twenty-five  dollars,  and  not  more  than  two  hundred  and  fifty 
dollars,  or  imprisonment  for  a  period  of  not  more  than  one  year,  or  both,  at 
the  discretion  of  the  court. 

§  191.  Enforcement  of  provisions  of  this  article. —  1.  In  cities  of  the  second 
and  third  class  and  in  cities  of  the  first  class  having  a  population  of  less  than 
three  hundred  thousand,  this  article,  so  far  as  it  relates  to  such  cities,  shall 
be  enforced  by  the  mayor  or  an  officer  appointed  by  him. 

2.  In  cities  of  the  first  class  having  a  population  of  three  hundred  thousand 
or  more  the  enforcement  of  this  article  so  far  as  it  relates  to  such  cities 
shall  be  intrusted  to  a  commissioner  to  be  known  as  a  commissioner  of  licenses, 
who  shall  be  appointed  by  the  mayor,  and  whose  salary,  together  with  those 
of  a  deputy  commissioner,  and  inspectors  to  be  appointed  by  him,  shall  be  fixed 
by  the  board  of  estimate  and  apportionment.     Said  commissioner  of  licenses 
and  deputy  commissioner  sihall  have  no  other  occupation  or  business.     The 
commissioner  of  licenses  shall  appoint  inspectors,  who  shall  make  at  least 
bi-monthly  visits  to  every  such  agency.     Said  inspectors  shall  have  suitable 
badges  which  they  shall  exhibit  on  demand  of  any  person  with  whom  they  may 
have  official  business.     Such  inspectors  shall  see  that  all  the  provisions  of  this 
article,  so  far  as  it  relates  to  such  cities,  are  complied  with,  and  shall  have 
no  other  occupation  or  business. 

3.  Complaints  against  any  such  licensed  person  shall  be  made  orally  or 
in  writing  to  the  mayor  or  commissioner  of  licenses,  or  be  sent  in  an  affidavit 
form  without  appearing  in  person,  and  reasonable  notice  thereof,  not  less 
than  one  day,  shall  be  given  in  writing  to  said  licensed  person  by  serving 
upon  the  licensed  person  either  personally  or  by  leaving  the  same  with  the 
person  in  charge  of  his  office,  a  concise  statement  of  the  facts  constituting 
the  complaint,  and  a  hearing  pursuant  to  the  powers  granted  to  the  mayor 
or  commissioner  of  licenses  as  provided  in  section  one  hundred  and  seventy- 
four  shall  be  had  before  the  mayor  or  commissioner  of  licenses  within  one 
week  from  the  date  of  the  filing  of  the  complaint  and  no  adjournment  shall 
be  taken  for  a  period  longer  than  one  week.     A  daily  calendar  of  all  hearings 
shall  be  kept  by  the  mayor  or  commissioner  of  licenses  and  shall  be  posted* 
in  a  conspicuous  place  in  his  public  office  for  at  least  one  day  before  the 
date  of  such  hearings.     The  mayor  or  commissioner  of  licenses  shall  render 
his  decision  within  eight  days  from  the  time  the  matter  is  finally  submitted 
to  him.     Said  mayor  or  commissioner  of  licenses  shall  keep  a  record  of  all 


LAWS  KELATING  TO  LABOR.  *  223 

such  complaints  and  hearings.  The  said  mayor  or  commissioner  of  licenses 
may  refuse  to  issue  and  shall  revoke  any  license  for  any  good  cause  shown, 
within  the  meaning  and  purpose  of  this  article  and  when  it  is  shown  to  the 
satisfaction  of  the  mayor  or  commissioner  of  licenses  that  any  licensed  per- 
son is  guilty  of  any  immoral,  fraudulent  or  illegal  conduct  in  connection  with 
the  conduct  of  said  business,  it  shall  be  the  duty  of  the  mayor  or  the  com- 
missioner of  licenses  to  revoke  the  license  of  such  person;  but  notice  of  the 
charges  shall  be  presented  and  reasonable  opportunity  shall  be  given  said 
licensed  person  to  defend  himself.  Whenever  said  mayor  or  commissioner 
of  licenses  shall  refuse  to  issue  or  shall  revoke  the  license  of  an  employment 
agency,  said  determination  may  be  reviewed  by  certiorari.  Whenever  for  any 
cause  such  license  is  revoked,  said  mayor  or  commissioner  of  licenses  shall 
not  within  three  years  from  the  date  of  such  revocation  issue  another  license 
to  said  licensed  person  or  his  representative  or  to  any  person  with  whom 
he  is  to  be  associated  in  the  business  of  furnishing  employment,  help  or  en- 
gagements. In  the  absence  of  the  commissioner  of  licenses,  the  deputy  com- 
missioner of  licenses  may  conduct  hearings  and  act  upon  applications  for 
licenses,  and  revoke  such  licenses.  [As  am'd  by  L.  1912,  ch.  261.] 

§  192.  Penalties  for  violations. —  The  violation  of  any  provision  of  this 
article  except  as  otherwise  provided  in  this  article  shall  be  punishable  by  a 
fine  not  to  exceed  twenty-five  dollars,  and  any  city  magistrate,  police  justice, 
justice  of  the  peace,  or  any  inferior  magistrate  having  original  jurisdiction 
in  criminal  cases,  shall  have  power  to  impose  said  fine,  and  in  default  of 
payment  thereof  to  commit  the  person  so  offending  for  a  period  not  exceed- 
ing thirty  days.  The  said  mayor  or  commissioner  of  licenses  or  any  person, 
his  agent  or  attorney,  aggrieved  because  of  the  violations  of  this  article 
shall  institute  criminal  proceedings  for  its  enforcement  before  any  court 
of  competent  jurisdiction. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  950.  False  statements  in  regard  to  employment. — Any  person,  firm,  asso- 
ciation or  corporation,  or  any  employee  or  agent  thereof,  who  makes  to  any 
person  furnishing  or  seeking  employment  any  statement  which  is  false,  know- 
ing the  same  to  be  false,  in  regard  to  any  employment,  work  or  situation,  its 
nature,  location,  duration,  wages,  or  salary  attached  thereto,  or  the  circum- 
stances surrounding  the  said  employment,  work,  or  situation,  or  who  shall 
offer  or  hold  himself  out  as  in  a  position  to  secure  or  furnish  employment 
without  having  an  order  therefor  or  such  employment  to  be  filled  or  shall 
misrepresent  any  other  material  matter  in  connection  with  said  employment, 
work,  or  situation,  and  by  reason  of  such  statement,  offer,  holding  out  or 
misrepresentation,  any  person  shall  seek  the  employment,  work  or  situation, 
in  respect  to  which  such  statement,  offer,  holding  out  or  misrepresentation 
was  made,  shall  be  guilty  of  a  misdemeanor.  [Added  by  L.  1911,  ch.  575.] 


224  *      REPORT  or  THE  COMMISSIONER  OF  LABOE,  1913. 


REGULATING   THE   SALE    OF   TRANSPORTATION   TICKETS   AND    THE    TAKING 

OF  DEPOSITS. 

GENERAL  BUSINESS  LAW,  CHAPTER  20  OF  THE  CONSOLIDATED  LAWS. 

ARTICLE  1O. 

[As  Amended  ly  L.  1910,  ch.  349,  in  effect  Sept.  1,  1910.] 
Ticket   Agrents. 

Sestion  150.  Licenses  to  sell  transportation  tickets  or  orders  for  transportation,  to 
or  from  foreign  countries. 

151.  Bonds. 

152.  Revocation  of  licenses. 

153.  Penalties  for  conducting  business  without  license,  et  cetera. 

154.  Discharge  and  renewal  of  bonds. 

§  150.  Licenses  to  sell  transportation  tickets  or  orders  for  transportat 
to  or  from  foreign  countries. —  No  person,  firm,  or  corporation,  other  than 
railroad  companies  or  the  agents  of  such  railroad  companies  or  steamship 
companies  duly  appointed  in  writing,  shall  hereafter  engage  within  this  state 
in  the  sale  of  steamship  tickets  or  orders  for  transportation  to  or  from  for- 
eign countries  or  shall  advertise  or  hold  themselves  out  as  authorized  or  en- 
titled to  sell  such  steamship  tickets  or  orders  for  transportation  without  hav- 
ing first  procured  a  license  to  carry  on  such  business  from  the  comptroller. 
Such  license  shall  be  granted  on  an  application  designating  the  place  where 
the  business  for  which  a  license  is  sought  is  to  be  carried  on,  and  shall  be 
accompanied  by  satisfactory  proof  by  affidavit  of  good  moral  character.  Such 
license  shall  be  granted  upon  the  payment  to  the  comptroller  of  a  fee  of 
twenty-five  dollars,  and  shall  be  renewed  on  payment  of  a  like  fee.  annually. 
Every  license  shall  contain  the  name  of  the  licensee,  a  designation  of  the  city, 
street  and  number  of  the  house  in  which  the  licensee  is  authorized  to  carry 
on  business,  and  the  number  and  date  of  such  license.  Such  license  shall  not 
be  transferred  or  assigned,  nor  authorized  the  licensee  or  his  agent  to  transact 
business  or  to  advertise  or  hold  himself  or  themselves  out  as  authorized  and 
entitled  to  transact  such  business  at  any  place  other  than  that  designated  in 
the  license,  except  with  the  written  approval  of  the  comptroller.  The  license 
shall  run  to  the  first  day  of  September  next  ensuing  the  date  thereof,  and  no 
longer,  unless  sooner  revoked  by  the  comptroller.  [As  am'd  by  L.  1911,  ch. 
578.] 

§  151.  Bonds. —  The  comptroller  shall  require  the  applicant  for  a  license 
to  file  with  the  application  therefor  a  bond,  in  due  form,  to  the  people  of  the 
state  of  New  York,  in  the  penal  sum  of  two  thousand  dollars,  in  cities  of  the 
first  class,  and  of  one  thousand  dollars  in  all  other  localities,  with  two  or 
more  sufficient  sureties,  who  shall  be  freeholders  within  the  state  of  New 
York,  conditioned  that  the  obligor  will  duly  account  for  all  moneys  received 
for  steamship  tickets  or  orders  for  transportation  to  or  from  foreign  coun- 
tries, and  that  the  obligor  will  not  be  guilty  of  any  fraud  or  misrepresenta- 
tion to  any  purchaser  of  such  tickets  or  orders.  The  bond  of  a  surety  com- 
pany approved  by  the  comptroller,  or  cash,  may  be  accepted  in  lieu  of  surety. 
The  comptroller  shall  keep  a  book  or  books  wherein  shall  be  entered  in  alpha- 
betical order  all  licenses  granted  and  all  bonds  received  by  him  as  provided 


LAWS  RELATING  TO  LABOR.  *  225 

in  this  article,  the  date  of  the  issuance  of  said  licenses  and  of  the  filing  of 
such  bonds,  the  name  or  names  of  the  principals,  with  a  statement  of  the 
place  of  business,  and  the  names  of  the  sureties  upon  the  bonds  so  filed, 
which  records  shall  be  open  to  public  inspection.  A  suit  to  recover  on  the 
bond  required  to  be  filed  under  the  provisions  of  this  article  may  be  brought 
by  or  on  the  relation  of  any  party  aggrieved  in  a  court  of  competent  juris- 
diction, and  in  the  event  that  the  obligor  on  said  bond  has  been  guilty  of 
fraud  or  misrepresentation,  may  be  enforced  by  the  comptroller  in  the  name 
of  the  people  of  the  state  of  New  York  to  recover  the  full  penalty  thereof. 
The  fees  received  for  the  issuance  of  any  license  provided  for  in  this  article 
and  the  money  reserved  as  the  penalty  on  any  bond,  enforced  by  the  comp- 
troller, shall  be  paid  into  the  state  treasury,  to  be  used  to  defray  the  mis- 
iineous  expenses  of  the  comptroller. 

1 52.  Revocation  of  licenses. —  In  the  event  that  any  licensee  shall  be 
guilty  of  any  fraud  or  misrepresentation,  or  shall  fail  to  account  for  any 
moneys  paid  in  connection  with  the  sale  of  any  ticket  or  order  for  transpor- 
tation by  steamship,  the  comptroller  shall  be  empowered,  on  giving  such 
notice  to  the  licensee  as  he  shall  deem  sufficient,  and  an  opportunity  to  an- 
swer any  charges  made  against  such  licensee,  to  revoke  the  license  under 
which  such  business  shall  be  carried  on. 

§  153.  Penalties  for  conducting  business  without  license,  et  cetera.— Any 
person,  firm  or  corporation  carrying  on  the  business  specified  in  this  article 
without  having  obtained  from  the  comptroller  a  license  therefor,  or  who 
shall  carry  on  such  business  after  the  revocation  of  a  license  to  carry  on 
such  business,  shall  be  guilty  of  a  misdemeanor. 

§  154.  Discharge  and  renewal  of  bonds. —  The  provisions  of  section  twenty- 
nine-a  of  this  chapter  as  to  discharge  and  renewal  of  bonds  shall  be  appli- 
cable to  any  bond  given  pursuant  to  this  article. 

Cf.   §  29-a  under   Regulation  of  Private  Banking  below. 

Ch.  348  of  L.  1910  (see  below)  repealed  old  article  10  but  specified  that  such 
repeal  should  not  affect  any  existing  or  accrued  right  or  liability. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 
§  1563.  Advertising  as  agent,  without  written  authorization;  false  or  mis- 
leading information. —  No  person  issuing,  selling  or  offering  to  sell  any  pas- 
sage ticket  or  any  instrument  giving  or  purporting  to  give  any  right,  either 
absolutely  or  upon  any  condition  or  contingency,  to  a  passage  or  conveyance 
upon  any  vessel,  or  a  berth  or  stateroom  in  any  vessel,  shall  hold  himself 
out  .to  be  or  advertise  himself  in  any  way  as  the  agent  of  the  owner  or  con- 
signees of  such  vessel  or  line,  unless  he  has  received  authority  in  writing 
therefor,  specifying  the  name  of  the  company,  line  or  vessel  for  which  he  is 
authorized  to  act  as  agent  and  the  city,  town  or  village,  together  with  the 
street,  and  the  street  number  in  which  his  office  is  kept  for  the  sale  of 
tickets,  and  unless  such  written  authorization  is  conspicuously  displayed  in 
such  office.  Provided  that  this  section  shall  not  apply  to  the  sale  of  passage 
tickets  on  board  any  such  vessel  or  to  the  offices  of  the  actual  owners  or  con- 
signees of  such  vessel.  No  person  issuing,  selling  or  offering  to  sell  or  hold- 
ing himself  out  as  being  authorized  to  sell  any  such  passage  ticket  or  instru- 
ment giving  or  purporting  to  give  any  such  right  to  passage  or  conveyance 

8 


226  *      REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

shall  give  or  cause  to  be  given  any  false  or  misleading  information  or  shall 
print,  publish,  distribute  or  circulate  or  cause  to  be  printed,  published,  dis- 
tributed or  circulated  any  false  or  misleading  advertisement,  circular,  circular 
letter,  pamphlet,  card,  hand-bill  or  other  printed  paper  or  notice  in  regard  to 
said  passage,  ticket  or  instrument  or  the  passage  or  voyage  to  which  it  entitles 
or  purports  to  entitle  its  owner,  purchaser  or  holder  or  line  over  which,  or  the 
vessel  for  which  such  passage  is  sold  or  offered  or  as  to  his  agency  for  such 
line  or  vessel.  [As  am'd  by  L.  1911,  ch.  415.] 

§  1564.  Issuance  of  order  or  other  instrument  securing  passage  by  vessel 
from  foreign  port  to  this  state;  what  to  contain. —  No  person  agreeing  to 
furnish  or  secure  for  any  other  person,  for  a  consideration,  passage  by  vessel 
from  any  foreign  port  to  any  port  in  this  state  shall  issue  any  advice,  order, 
certificate  or  other  instrument  purporting  to  entitle  one  or  more  persons  to  a 
passage  ticket  or  other  evidence  of  a  right  of  passage,  unless  every  such  advice, 
order,  certificate  or  instrument  shall  be  signed  or  countersigned  by  a  duly 
appointed  agent  as  provided  in  section  fifteen  hundred  and  sixty-three,  of  the 
vessel  or  line  over  which  said  advice,  order,  certificate  or  other  instrument 
is  held  out  to  be  good  to  secure  such  passage  ticket  or  other  evidence  of  a 
right  of  passage.  Every  such,  order,  advice,  certificate  or  other  instrument 
and  every  receipt  for  money  paid  for  or  on  account  of  any  such  advice, 
order,  certificate  or  other  instrument,  shall  contain  a  statement  of  the  amount 
paid  or  to  be  paid  for  such  passage;  the  name,  address  and  age  of  the  person 
for  whom  intended;  the  name  of  the  company  or  line,  if  any,  to  which  the 
vessel  on  which  passage  is  to  be  made  belongs;  the  place  from  which  such 
passage  is  to  commence;  the  place  where  such  passage  is  to  terminate;  the 
name  of  the  person  purchasing  such  advice,  order,  certificate  or  other  instru- 
ment, and  such  advice, .  order,  certificate  or  other  instrument  must  be  signed 
by  the  person  who  issues  it. 

§  1565.  Punishment  for  violation  of  two  preceding  sections. —  Any  person 
violating  any  of  the  provisions  of  section  fifteen  hundred  and  sixty-three,  or 
fifteen  hundred  and  sixty-four,  shall  be  guilty  of  a  misdemeanor  and  for  a 
second  or  further  violation  shall  be  guilty  of  a  felony. 

As  to  protection  of  immigrants  against  possible  extortion  or  ill-treatment  on  the 
part  of  transportation  companies,  see  IVnal  Law,  §  1561,  which  fixes  a  maximum 
rate  of  1*4  cents  per  mile. 

§  1572.  Soliciting  the  surrender  of  tickets  a  misdemeanor — Any  hotel, 
boarding-house,  lodging-house  or  restaurant  owner,  proprietor,  manager,  clerk 
or  other  employee  or  any  runner,  guide,  porter  or  solicitor  who  solicits  in  any 
manner  any  immigrant  or  steerage  passenger  inward  or  outward  bound,  hav- 
ing a  railroad  or  steamship  ticket,  order  or  other  instrument  entitling  or 
purporting  to  entitle  such  passenger  to  transportation  or  conveyance  on  any 
railroad  or  steamship,  to  surrender  such  ticket,  order  or  otluer  instrument 
to  such  hotel,  boarding-house,  lodging-house  or  restaurant  owner,  proprietor, 
manager  or  other  employee  or  to  any  runner,  guide,  porter  or  solicitor  or  any 
other  person  for  the  purpose  of  detaining  any  such  immigrant  or  steerage 
passenger  in  any  such  hotel,  boarding-house,  lodging-house,  or  restaurant, 
shall  be  guilty  of  a  misdemeanor.  [Added  by  L.  1911,  ch.  540.] 


LAWS  RELATING  TO  LABOR.  *  227 


REGULATING   PRIVATE   BANKING. 

GENERAL  BUSINESS  LAW,  CHAPTER  20  OF  THE  CONSOLIDATED  LAWS. 

ARTICLE    3-a. 

[As  added  by  L.   1910,  ch.  348,  in  effect  September   1,   1910.     Held  constitu- 
tional by  U.  8.  Supreme  Court  in  Engel  v.  O'H  alley,  219  U.  S.  128.] 

Private  Banking:. 

Section  25.*    Licenses,  bonds  and  deposits. 

26.*    Books  to  be  kept  and  records  to  be  made;  revocation  of  licenses. 

27.*    Penalties  for  conducting  business  without  license,  et  cetera. 

28.*     Perjury. 

29.     Penalty  for  failure  to  make  reports. 

29-a.  Discharge  and  renewal  of  bonds,  substitution  of  securities,  et  cetera. 

29-b.  Burden  of  proof  in  actions  against  licensee. 

29-c.  Time  within  which  money  is  to  be  transmitted. 

29-d.  Exceptions. 

29-e.  Construction  of  this  article. 

29-f.  Additional   penal  provision. 

29-g.  Bureau  of  licenses. 

§  25.  Licenses,  bonds  and  deposits. —  Except  as  provided  in  section  twenty- 
nine-d,  no  individual  or  partnership  shall  hereafter  engage  directly  or  indi- 
rectly in  the  business  of  receiving  deposits  of  money  for  safe-keeping  or  for 
the  purpose  of  transmission  to  another  or  for  any  other  purpose  in  cities  of 
the  first  class  without  having  first  obtained  from  the  comptroller  a  license 
to  engage  in  such  business.  Before  receiving  such  license  the  applicant  there- 
for shall  file  with  the  comptroller  a  written  statement  in  the  form  to  be  pre- 
scribed by  the  comptroller  and  verified  by  the  individual  or  members  of  the 
firm  making  the  application,  showing  the  amount  of  the  assets  and  liabilities 
of  the  applicant,  designating  the  place  where  the  applicant  proposes  to  en- 
gage in  business,  that  the  applicant  has  been,  or  if  the  applicant  shall  con- 
stitute a  partnership,  that  a  majority  of  the  members  thereof  having  a  con- 
trolling interest  in  the  business  of  such  partnership  have  been  continuously 
for  a  period  of  five  years  immediately  preceding  the  date  of  such  application 
resident  in  the  United  States.  Such  applicant  shall  at  the  same  time  deposit 
with  the  comptroller  five  thousand  dollars  if  the  applicant  is  engaged  only  in 
the  business  of  receiving  money  for  transmission  to  another  and  otherwise  ten 
thousand  dollars  in  money  or  in  securities  which  shall  consist  of  bonds  of  the 
United  States,  of  this  state  or  of  any  municipality  thereof,  or  other  bonds 
approved  by  the  comptroller,  and  if  a  deposit  of  securities  shall  be  so  made 
in  lieu  of  money,  the  comptroller  shall  thereafter  require  the  applicant  to 
maintain  such  deposit  at  all  times  at  a  value  which  shall  equal  the  sum  that 
the  applicant  is  required  by  this  section  to  deposit.  In  addition  thereto  there 
shall  be  presented  to  the  comptroller  a  bond  to  the  people  of  the  state  of 
New  York  executed  by  the  applicant  and  by  a  surety  company  approved  by 
the  comptroller,  conditioned  upon  the  faithful  holding  of  all  moneys  that  may 
be  deposited  with  the  applicant,  in  accordance  with  the  terms  of  the  deposit 
and  the  repayment  of  such  moneys  so  deposited  and  upon  the  faithful  trans- 
mission of  any  money  which  shall  be  delivered  to  such  applicant  for  trans- 

*  Different  sections  25  to  28  were  added  by  L.  1910,  ch.  640. 


228  *   REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

mission  to  another,  and  in  .the  event  of  the  insolvency  or  bankruptcy  of  the 
applicant,  upon  the  payment  of  the  full  amount  of  such  bond  to  the  assignee, 
receiver  or  trustee  of  the  applicant,  as  the  case  may  require,  for  the  benefit 
of  the  persons  making  such  deposits  and  of  such  persons  as  shall  deliver 
money  to  the  applicant  for  transmission  to  another.  The  penalty  of  the  bond 
shall  be  five  thousand  dollars  if  the  applicant  is  engaged  only  in  the  business 
of  receiving  money  for  transmission  to  another;  in  all  other  cases  the  amount 
of  such  penalty  shall,  if  the  deposits  of  the  applicants  do  not  exceed  twenty- 
five  thousand  dollars,  be  five  thousand  dollars,  and  if  in  excess  thereof,  the 
penalty  of  such  bond  shall  be  increased  five  thousand  dollars  for  each  addi- 
tional twenty-five  thousand  dollars  of  deposits,  or  fraction  thereof,  not  ex- 
ceeding, however,  a  maximum  penalty  of  fifty  thousand  dollars.  In  lieu  of 
the  aforesaid  bond  the  applicant  may  deposit  and  the  comptroller  shall  accept 
money  and  securities  of  the  character  above  described.  The  money  and  se- 
curities so  deposited  shall  be  held  on  the  conditions  specified  in  the  aforesaid 
bond.  If  securities  be  deposited  in  lieu  of  the  aforesaid  bond,  and  be  accepted 
as  hereinafter  provided,  the  comptroller  shall  require  the  applicant  to  main- 
tain such  deposit  at  a  value  equal  to  the  amount  fixed  as  the  penalty  of  the 
bond  in  lieu  of  which  such  money  and  securities  shall  be  so  deposited.  Upon 
the  receipt  of  such  application  the  comptroller  shall  cause  to  be  posted  upon 
a  bulletin  to  be  maintained  by  him  in  his  office  in  a  place  accessible  to  the 
general  public,  at  noon  of  the  succeeding  Friday  the  name  of  the  applicant 
and  whether  individual  or  partnership,  and  the  proposed  business  address 
designated  in  the  application.  After  notice  of  the  application  shall  have  been 
so  posted  for  a  period  of  two  weeks  he  may  in  his  discretion  approve  or  dis- 
approve the  application.  In  the  event  of  his  approval  he  shall  accept  the 
money,  securities  and  bond,  if  there  be  one,  and  hold  them  for  the  purposes 
herein  set  forth,  and  shall  issue  a  license  authorizing  the  applicant  to  carry 
on  the  aforesaid  business  at  the  place  designated  in  the  application  and  to  be 
specified  in  the  license  certificate.  For  such  license  the  licensee  shall  pay  a 
fee  of  fifty  dollars.  Such  license  shall  not  be  transferred  or  assigned.  It 
shall  not  authorize  the  transaction  of  business  at  any  place  other  than  that 
described  in  the  license  certificate,  except  with  the  written  approval  of  the 
comptroller.  Immediately  upon  the  receipt  of  the  license  certificate  issued 
by  the  comptroller  pursuant  to  this  article  the  licensee  named  therein  shall 
cause  such  license  certificate  to  be  posted  and  at  all  times  conspicuously  dis- 
played in  the  place  of  business  for  which  it  is  issued,  so  that  all  persons  visiting 
such  place  may  readily  see  the  same.  It  shall  be  unlawful  for  any  person  or 
partnership  holding  such  license  certificate  to  post  such  certificate  or  to  per- 
mit such  certificate  to  be  posted  upon  premises  other  than  those  designated 
therein  or  to  which  it  has  been  transferred  pursuant  to  the  provisions  of  this 
article,  or  knowingly  to  deface  or  destroy  any  such  license  certificate.  If  it 
shall  be  established  to  the  satisfaction  of  the  comptroller  in  accordance  with 
rules  and  regulations  by  him  prescribed,  that  an  unexpired  license  certificate 
issued  in  accordance  with  the  provisions  of  this  article  has  been  lost  or  de- 
stroyed without  fault  on  the  part  of  the  holder,  the  comptroller  shall  issue 
a  duplicate  license  therefor.  The  money  and  securities  deposited  with  the 
comptroller  as  herein  provided  and  the  money  which  in  case  of  default  shall 
be  paid  on  the  aforesaid  bond  by  any  applicant  or  the  surety  thereof,  shall 
constitute  a  trust  fund  for  the  benefit  of  the  depositors  of  the  licensee  and 


LAWS  RELATING  TO  LABOR.  *  229 

of  such  persons  as  shall  deliver  money  to  such  licensee  for  transmission  to 
another,  and  such  beneficiaries  shall  be  entitled  to  an  absolute  preference  as 
to  such  money  or  securities,  over  all  general  creditors  of  the  licensee.  Such 
money  and  securities  shall  in  the  event  of  the  insolvency  or  bankruptcy  of  the 
licensee  be  delivered  by  the  comptroller  on  the  order  or  judgment  of  a  court  of 
competent  jurisdiction  to  the  assignee,  receiver  or  trustee  of  the  licensee  desig- 
nated in  such  order  or  judgment.  The  comptroller  shall  keep  a  book  or  books  in 
which  the  licenses  granted  and  the  bonds  filed  shall  be  entered  in  alphabetical 
order,  together  with  a  statement  of  the  date  of  the  issuance  of  the  license, 
the  name  or  names  of  the  principals,  the  place  where  the  business  licensed  is 
to  be  transacted  and  the  name  of  the  surety  company  upon  the  bond  filed, 
and  the  amount  of  all  moneys  and  a  description  of  all  securities  deposited, 
which  record  shall  be  open  to  public  inspection.  The  comptroller  shall  cause 
to  be  printed  annually  on  the  first  day  of  January  and  distributed  upon  ap- 
plication, a  list  of  all  licenses  granted  and  remaining  unrevoked.  The  comp- 
troller shall  from  time  to  time  pay  over  to  each  such  licensee  all  moneys  re- 
ceived by  him  as  interest  upon  any  moneys  or  securities  deposited  in  accord- 
ance with  the  provisions  of  this  article.  [As  am'd  by  L.  1911,  ch.  393.] 

§  26.  Books  to  be  kept  and  records  to  be  made;  revocation  of  licenses.— 
Each  licensee  shall  keep  books  of  account  showing  full  and  complete  records 
of  all  business  transacted  and  a  full  statement  of  all  assets  and  liabilities, 
and  shall  four  times  in  each  year  as  of  such  days  as  the  comptroller  shall 
designate  by  a  notice  to  be  posted  on  the  bulletin  in  his  office  and  by  written 
notice  delivered  at  the  place  of  business  of  such  licensee  or  deposited  in  the 
post-office  in  a  postpaid  wrapper  directed  to  him  at  such  place  of  business, 
file  in  the  comptroller's  office  within  ten  days  after  the  date  of  such  notice, 
a  written  statement  under  oath  in  such  form  as  shall  be  prescribed  by  the 
comptroller,  showing  the  amount  of  the  assets  and  liabilities  of  the  licensee, 
which  report  shall  be  accessible  to  the  public  at  all  reasonable  times.  The 
license  issued  shall  be  revocable  at  all  times  by  the  comptroller  for  cause 
shown,  and  in  the  event  of  such  revocation  or  of  a  surrender  of  such  license, 
no  refund  shall  be  made  in  respect  of  any  license  fee  paid  under  the  provisions 
of  this  article.  Every  license  certificate  shall  be  surrendered  to  the  comp- 
troller within  twenty- four  hours  after  notice  in  writing  to  the  holder  that 
such  license  has  been  revoked.  In  case  of  the  revocation  of  such  license  the 
money  and  securities  and  the  bond,  if  there  be  one,  received  from  the  licensee, 
shall  con'inue  to  be  held  by  the  comptroller,  until  otherwise  directed  by  the 
order  or  judgment  of  a  court  of  competent  jurisdiction. 

§  27.  Penalties  for  conducting  business  without  license,  et  cetera. — Any  per- 
son or  partnership  carrying  011  the  business  specified  in  section  twenty- five 
of  this  article  without  having  obtained  from  the  comptroller  a  license  there- 
for, or  who  shall  carry  on  such  business  after  the  revocation  of  a  license  to 
carry  on  such  business,  or  who,  without  such  license  shall,  on  any  sign, 
letter-head,  advertisement  or  publication  of  any  kind  use  the  word  "  bank- 
ing "  or  "  banker "  or  any  equivalent  term,  in  any  language,  in  connection 
with  any  business  whatsoever,  or  who  shall  fail  to  display  the  license  certifi- 
cate as  provided  in  section  twenty-five  hereof,  or  who  shall  fail  to  keep  books 
of  account  or  to  make  the  reports  as  herein  provided,  or  any  person  or  part- 
nership not  having  a  license  who  shall  advertise  or  publish  in  any  manner 


230  *      KEPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

whatsoever,  either  orally  or  in  writing,  any  statement  intended  to  convey  or 
actually  conveying  the  idea  or  impression  that  such  licensee  is  in  any  way 
under  the  supervision  of  this  state  or  of  any  officer  thereof,  or  that  this  state 
or  any  officer  thereof  has  passed  in  any  way  whatsoever  upon  the  responsi- 
bility, solvency  or  qualifications  of  such  licensee  to  engage  in  such  business, 
or  that  this  state  or  any  officer  thereof  has  examined  any  accounts  of  said 
licensee  or  has  in  any  way  certified  that  such  licensee  is  in  any  way  a  fit 
person  to  carry  on  such  business,  shall  be  guilty  of  a  misdemeanor.  [As 
am'd  ly  L.  1911,  ch.  393.] 

§  28.  Perjury. — Any  person  who  in  any  application  for  a  license  presented 
to  the  comptroller,  or  in  any  report  made  under  this  article,  or  on  any  exam- 
ination or  inquiry  pursuant  to  section  twenty-nine-e  hereof,  shall  swear  falsely 
as  to  the  nature  or  value  of  his  assets,  or  the  amount  of  his  liabilities  or  in 
any  other  particular,  and  any  person  who  in  any  affidavit  made  under  section 
twenty-nine-d  of  thia  article  shall  swear  falsely  as  to  any  fact  therein  stated 
is  guilty  of  perjury.  [As  am'd  ly  L.  1911,  ch.  393:] 

§  29.  Penalty  for  failure  to  make  reports.— Any  person  or  partnership  who 
shall  fail  to  make  any  report  required  by  this  article  within  the  time  speci- 
fied for  the  same,  shall  forfeit  to  the  people  of  the  state  of  New  York  the 
sum  of  one  hundred  dollars  for  every  day  that  such  report  shall  be  delayed  or 
withheld.  The  money  forfeited  under  this  section  shall  be  recovered  in  an 
action  brought  in  the  name  of  the  people  of  the  state,  and  with  all  moneys 
received  as  fees  for  the  issuance  of  the  licenses  provided  for  herein  shall  be 
paid  into  the  state  treasury  to  the  credit  of  the  general  fund. 

§  29-a.  Discharge  and  renewal  of  bonds,  substitution  of  securities,  et  cetera. 
The  surety  in  a  bond  given  pursuant  to  this  article  may  give  notice  to  the 
comptroller  in  writing  requesting  to  be  released  from  responsibility  on  ac- 
count of  any  future  breach  of  the  conditions  of  the  bond,  and  that  the  princi- 
pal in  the  bond  be  required  to  give  a  new  surety,  and  thereupon  the  comp- 
troller shall  give  notice  in  writing  directed  to  the  principal  upon  said  bond 
at  the  place  designated  by  him.  for  the  transaction  of  business  requiring  him 
within  ten  days  from  a  day  therein  specified  to  file  a  new  bond  in  the  form 
required  therein  with  a  new  surety,  approved  by  the  comptroller,  or  money 
or  securities  in  lieu  thereof,  and  upon  the  filing  of  such  new  bond  or  such 
money  or  securities  in  lieu  thereof  within  the  time  specified,  but  not  before, 
the  surety  upon  the  old  bond  shall  be  discharged  from  liability  upon  the  bond 
given  by  it  for  any  subsequent  act  or  default  of  the  principal.  Whenever 
money  or  securities  are  deposited  with  the  comptroller  pursuant  to  this  arti- 
cle, he  may  in  his  discretion  permit  the  substitution  of  securities  for  money, 
or  of  money  for  securities,  in  whole  or  in  part,  or  of  money  or  securities  for 
any  bond,  or  of  a  bond  for  money  or  securities  deposited  (other  than  the 
money  or  securities  which  the  licensee  is  required  by  section  twenty-five  hereof 
to  keep  at  all  times  on  deposit  with  the  comptroller),  or  the  withdrawal  of 
securities  deposited  and  the  substitution  of  others  of  equal  value  in  their 
place,  and  if  the  total  value  of  securities  become  substantially  impaired  he 
shall  require  the  deposit  of  money  or  additional  securities  sufficient  to  cover 
the  impairment  in  value.  In  the  event  of  the  failure  of  such  principal  to  file 
a  new  bond  or  such  money  or  securities  in  lieu  thereof,  or  to  deposit  money  or 


LAWS  "RELATING  TO  LABOR.  *  231 

additional  securities  to  cover  any  impairment  of  value  of  securities  theretofore 
deposited,  within  the  time  specified,  the  comptroller  shall  forthwith  revoke 
the  license  of  such  principal.  In  the  event  that  the  licensee  shall  at  any 
time  discontinue  the  business  license  or  with  respect  to  which  a  bond  shall 
have  been  filed  or  money  or  securities  shall  have  been  deposited  pursuant  to 
this  article,  the  comptroller  on  the  order  or  judgment  of  a  court  of  competent 
jurisdiction  may  cancel  the  bond  filed  by  the  licensee  and  return  to  the  licensee 
all  moneys  and  securities  deposited.  [As  arri'd  by  L.  1911,  ch.  393.] 

§  29-b.  Burden  of  proof  in  actions  against  licensee. —  In  an  action  against 
a  licensee  to  recover  money  deposited  with  such  licensee  for  transmission, 
the  burden  of  proving  the  transmission  to  and  receipt  of  the  money  by  the 
person  to  whom  such  money  is  directed  to  be  paid  shall  be  upon  the  licensee 
to  whom  such  money  was  delivered  for  transmission.  Proof  by  a  properly 
authenticated  affidavit  of  such  licensee  or  his  duly  authorized  agent,  showing 
the  transmission  of  such  money  to  the  person  to  whom  the  same  was  to 
be  transmitted,  or  to  the  correspondent  of  the  licensee  to  whom  such  money 
may  have  been  transmitted  for  payment  to  the  person  to  whom  such  money 
was  to  be  paid,  together  with  a  properly  authenticated  receipt  signed  by  the 
consignee  of  such  money,  or  in  lieu  of  such  receipt  a  properly  authenticated 
ailidavit  of  the  agent  of  the  licensee  showing  the  fact  of  payment,  shall  be. 
deemed  sufficient  evidence  to  shift  the  burden  of  proof  to  the  plaintiff. 

§  29-c.  Time  within  which  money  is  to  be  transmitted. —  All  moneys 
received  for  transmission  to  a  foreign  country  by  any  licensee  shall  be  for- 
warded to  the  person  to  whom  the  same  is  directed  to  be  transmitted  within 
live  days  after  the  receipt  thereof,  and  every  person  who  shall  fail  to  so  for- 
ward the  same,  within  the  time  specified,  shall  be  guilty  of  a  misdemeanor. 

§  29-d.  Exceptions. —  The  foregoing  provisions  shall  not  apply  (1)  to  any 
corporation  or  "  individual  banker  "  authorized  to  do  business  under  the  pro- 
visions of  the  banking  law,  nor  to  any  association  organized  under  the  na- 
tional banking  act;  nor  (2)  to  any  hotel-keeper  who  shall  receive  money  for 
safe-keeping  from  a  guest;  nor  (3)  to  any  express  company  having  contracts 
with  railroad  companies  for  the  operation  of  an  express  service  upon  the  lines 
of  such  railroad  companies  nor  to  any  telegraph  company  receiving  money  for 
transmission;  nor  (4)  to  any  individual  or  partnership  receiving  money  on 
deposit  for  safe-keeping  or  for  transmission  to  others,  or  for.  any  other  pur- 
pose, where  the  average  amount  of  each  sum  received  on  deposit,  or  for  trans- 
mission, by  such  individual  or  partnership  in  the  ordinary  course  of  business, 
during  the  fiscal  year  preceding  the  date  of  the  affidavit  hereinafter  specified, 
shall  not  be  less  than  five  hundred  dollars,  proof  of  which  fact  by  affidavit  to 
the  satisfaction  of  the  comptroller  shall  be  made  by  the  individual  or  a  mem- 
ber of  the  partnership  seeking  exemption  hereunder,  whenever  thereunto  re- 
quested by  the  comptroller;  nor  (5)  to  any  individual  or  partnership  who 
would  otherwise  be  required  to  comply  with  section  twenty-five  of  this  article 
who  shall  file  with  the  comptroller  a  bond  in  the  sum  of  one  hundred  thousand 
dollars,  approved  by  the  comptroller  as  to  form  and  sufficiency,  for  the  pur- 
pose and  conditioned  as  in  said  section  prescribed,  where  the  business  is  con- 
ducted in  a  city  having  a  population  of  one  million  or  over  and  if  conducted 
elsewhere  in  the  state  such  bond  shall  be  in  the  sum  of  fifty  thousand  dollars; 
or  in  lieu  thereof  money  or  securities  approved  by  the  comptroller  of  the  same 


232  *      REPORT  OF  THE  COMMISSIONED  OF  LABOR,  1913. 

amount.     The  provisions  of  section  twenty-nine-a  shall  be  applicable  to  such 
bond,  or  deposit  of  money  or  securities.     [As  am'd  ~by  L.  1911,  ch.  393.] 

§  29-e.  Examination  by  comptroller;  penalty  for  interference  therewith; 
proceedings  by  attorney-general. — -1.  Whenever  the  comptroller  shall  deem  it 
expedient,  he  may,  either  personally  or  by  one  of  his  deputies,  or  by  examiners 
appointed  by  him,  examine  every  applicant  for  a  license  or  any  licensee  here- 
under  with  respect  to  the  nature  and  value  of  his  assets,  the  manner  in  which 
the  same  are  invested,  the  amount  and  character  of  his  liabilities,  and  the 
conditions  under  which  his  business  is  conducted.  For  the  purpose  of  such 
examination  the  comptroller,  his  deputies  and  examiners,  shall  have  free  ac- 
cess to  the  vaults,  safes, -books,  papers  and  securities  of  such  applicant  or 
licensee,  and  shall  be  permitted  to  examine  the  same  to  make  inventories, 
statements  of  accounts  and  transcripts  from  such  books  and  papers.  The 
person  making  such  examination  may  summon  said  applicant  or  licensee,  and 
any  other  witnesses  who  may  be  deemed  necessary  and  examine  them  under 
oath  with  respect  to  the  matters  aforesaid,  and  for  that  purpose  may  admin- 
ister oaths.  It  shall  be  the  duty  of  the  person  conducting  such  examination 
to  file  the  testimony  taken,  together  with  such  inventories,  statements  of  ac- 
count and  transcripts,  in  the  office  of  the  comptroller. 

2.  Any  person  who  shall  willfully  fail  or  refuse  to  appear  and  testify  when 
so  required,  or  who  shall  interfere  with  or  obstruct  such  examination,  or  pre- 
vent access  to  the  aforesaid  vaults,  safes,  books,  papers  and  securities,  or  fail 
to  comply  with  any  requirement  of  the  person  making  such  examination,  is 
guilty  of  a  misdemeanor. 

3.  Whenever   it   shall   appear  that   any   licensee  hereunder   is   insolvent   or 
that  the  condition  of  the  business  conducted  by  him  is  such  as  to  render  its 
continuance  hazardous,  or  that  such  licensee  has  failed  to  comply  with  any 
of  the  provisions  hereof,  the  comptroller  shall  report  the  facts  to  the  attorney- 
general,  who  shall  thereupon  institute  an  action  in  the  supreme  court  to  wind 
up  the  business  so  licensed  and  to  restrain  the  licensee  from  conducting  the 
same,  and  in  such  action  the  court  may  appoint  a  temporary  receiver  to  en- 
force the  bond  given  under  section  twenty-five  hereof,  to  take  possession  of 
the  property  and  effects  of  the  licensee,  to  convert  them  into  money,  and  to 
hold  the  same  subject  to  the  direction  of  the  court.     [As  am'd  by  L.   1911, 
ch.  393.] 

§  29-f.  Additional  penal  provision. —  Any  licensee  who  shall  violate  any 
of  the  provisions  of  this  article  the  violation  of  which  has  not  hereinbefore 
been  expressly  made  a  misdemeanor,  or  a  felony,  shall  be  guilty  of  a 
misdemeanor. 

§  29-g.  Bureau  of  licenses. —  The  comptroller  shall  establish  a  license 
bureau  for  the  purpose  of  complying  with  the  provisions  of  this  article. 

Section  153  of  the  Labor  Law,  ante,  makes  it  the  duty  of  the  commissioner  of 
labor  to  co-operate  in  the  enforcement  of  this  law. 

MAKING  FRAUD  BY  A  NOTARY   A  MISDEMEANOR. 

PENAL  LAW,  CHAPTER  40  OF  THE  CONSOLIDATED  LAWS. 

§  1820-a.  Subd.  1.  Any  person  who  holds  himself  out  to  the  public  as  being 
entitled  to  act  as  a  notary  public  or  commissioner  of  deeds,  or  who  assumes, 
uses  or  advertises  the  title  of  notary  public  or  commissioner  of  deeds,  or 


LAWS  RELATING  TO  LABOR.          *  233 

equivalent  terms  in  any  language,  in  such  a  manner  as  to  convey  the  im- 
pression that  he  is  a  notary  public  or  commissioner  of  deeds  without  hav- 
ing first  been  appointed  as  notary  public  or  commissioner  of  deeds,  or 

Subd.  2.  A  notary  public  or  commissioner  of  deeds,  who  in  the  exercise 
of  the  powers,  or  in  the  performance  of  the  duties  of  such  office  shall  prac- 
tice any  fraud  or  deceit,  the  punishment  for  which  is  not  otherwise  provided 
for  by  this  act,  shall  be  guilty  of  a  misdemeanor.  [As  added  by  L.  1910, 
ch.  471,  in  effect  September  I,  1910.] 

See  provision  for  investigation  of  complaints  concerning  notaries  by  commissioner 
of  labor  in  §  Io3  of  the  Labor  Law,  ante. 

LICENSING    OF  SAILORS'  BOAEDING  HOUSES.  * 

LAWS  OF  1882,  CHAPTER  410  (TitE  NEW  YORK  CITY  CONSOLIDATION  ACT). 

§  2069.  It  shall  not  be  lawful  for  any  person,  except  a  pilot  or  public  officer, 
to  board,  or  attempt  to  board,  a  vessel  arriving  in  the  port  or  harbor  of  New 
York  before  such  vessel  shall  have  been  made  fast  to  the  wharf,  without  first 
obtaining  leave  from  the  master  or  person  having  charge  of  such  vessel,  or 
leave  in  writing  from  her  owners  or  agents. 

§  2070.  It  shall  not  be  lawful  for  any  person  to  board  or  attempt  to  board 
any  vessel  arriving  in  or  lying  or  being  in  the  harbor  or  port  of  New  York, 
with  intent  to  supply  liquors  by  sale,  gift  or  otherwise,  directly  or  indirectly, 
to  any  member  of  the  crew  employed  on  board  of  such  vessel.  [As  am'd  by 
L.  1909,  ch.  353.1 

§  2071.  It  shall  not  be  lawful  for  any  person  having  boarded  any  vessel  in 
the  port  of  New  York,  to  neglect  or  refuse  to  leave  said  vessel  after  having 
been  ordered  so  to  do  by  the  master  or  person  having  charge  of  such  vessel. 
[As  am'd  by  L.  1909,  ch.  353.] 

§  2072.  It  shall  not  be  lawful  for  any  person  to  keep,  conduct,  or  carry  on, 
either  as  owner,  proprietor,  agent,  or  otherwise,  any  sailors'  boarding-house  or 
sailors'  hotel  in  the  city  of  New  York,  without  having  the  license  in  this  chap- 
ter provided. 

§  2073.  It  shall  not  be  lawful  for  any  person  not  having  the  license  in  this 
chapter  provided,  or  not  being  the  regular  agent,  runner,  or  employee  of  a 
person  having  such  a  license,  to  invite,  ask,  or  solicit,  in  the  city  or  harbor  of 
New  York,  the  boarding  or  lodging  of  any  of  the  crew  employed  on  any  vessel. 

§  2074.  There  is  created  a  board  denominated  a  board  of  commissioners  for 
licensing  sailors'  hotels  or  boarding-houses  in  the  city  of  New  York  consisting 
of  one  person  selected  by  each  of  the  following  corporate  bodies  or  associations, 
respectively,  to-wit:  The  Chamber  of  Commerce  of  the  State  of  New  York; 
the  American  Seamen's  Friend  Society  in  New  York;  the  New  York  Board  of 
Underwriters;  the  Marine  Society  of  New  York;  the  Society  for  Promoting 
the  Gospel  Among  Seamen  in  the  Port  of  New  York;  the  New  York  Maritime 
Association  of  the  Port  of  New  York;  the  Seamen's  Church  Institute  of  New 
York ;  the  Seamen's  Christian  Association  of  the  City  of  New  York,  and  St. 
Peter's  Union  for  Catholic  Seamen.  [As  am'd  by  L.  1909,  ch.  353.] 

§  2075.  Such  board  shall  take  the  application  of  any  person  applying  for  a 
license  to  keep  a  sailors'  boarding-house,  or  sailors'  hotel,  in  the  city  of  New 

*  Cf.  §  156  of  the  Labor  Law,  ante,  relative  to  licensing  of  immigrant  lodging 
places. 


234  *      REPORT  OF  THE  COM.MISSIOXKR  OF  LABOR,  1013. 

York,  and  upon  satisfactory  evidence  to  them  of  the  respectability  and  com- 
petency of  such  applicant,  and  of  the  suitableness  of  his  accommodations,  shall 
issue  to  him  a  license,  which  shall  run  to  the  first  Tuesday  of  May  next 
ensuing  the  date  thereof  and  no  longer,  unless  sooner  revoked  by  said  board,  to 
keep  a  sailors'  boarding-house  in  the  city  and  to  invite  and  solicit  boarders 
for  the  same  within  the  limitations  of  the  state  and  federal  laws  relating 
thereto.  [As  am'd  ly  L.  1909,  ch.  353.] 

§  2076.  Such  board  may,  upon  satisfactory  evidence  of  the  disorderly  char- 
acter of  any  sailors'  hotel  or  boarding-house,  licensed  as  hereinbefore  provided, 
or  of  the  keeper  or  proprietor  of  any  such  house,  or  of  any  force,  fraud,  deceit, 
or  misrepresentation  in  inviting  or  soliciting  boarders  or  lodgers  for  such 
house,  on  the  part  of  such  keeper  or  proprietor,  or  of  any  of  his  agents,  run- 
ners, or  employees,  or  of  any  attempt  to  persuade  or  entice  or  force  any  of  the 
crew  to  desert  from  or  to  serve  involuntarily  on  any  vessel  in  the  harbor  of 
New  York,  by  such  keeper  or  proprietor,  or  any  of  his  agents,  runners,  or 
employees,  revoke  the  license  for  keeping  such  house  after  notice  to  the  licensee 
and  a  hearing  thereon  and  each  member  of  said  board  is  hereby  authorized  to 
administer  oaths  and  take  and  receive  evidence  in  all  matters  provided  for 
herein.  [As  am'd  ~by  L.  1909,  ch.  353.1 

§  2077.  Every  person  receiving  the  license  hereinbefore  provided  for  shall 
pay  to  the  board  of  commissioners  aforesaid  the  sum  of  twenty-five  dollars  for 
each  full  year  and  a  proportionate  amount  for  a  shorter  period  which  amounts 
after  deducting  the  actual  expenses  of  said  board  incurred  in  the  transaction 
of  the  business  shall  be  by  them  applied  for  the  relief  of  shipwrecked  and 
destitute  seamen.  Said  board  shall  file  on  or  before  the  second  Monday  of 
January  of  each  year,  in  the  office  of  the  clerk  of  the  city  and  county  of  New 
York,  a  statement  showing  the  number  of  licenses  issued,  the  names  of  persons 
to  whom  issued,  with  name  and  number  of  the  street  or  house  licensed  during 
the  year  preceding,  the  amount  of  money  received  therefor,  the  amount  and 
items  of  their  disbursements,  and  the  amount  distributed  by  them  as  herein- 
before directed.  [As  am'd  ly  L.  1909,  ch.  353.] 

§  2078.  The  said  board  shall  appoint  a  president  and  secretary  and  shall 
keep  an  office  in  the  city  of  New  York,  and  make  such  by-laws  and  regulations 
as  may  be  needful  for  the  orderly  conduct  of  its  business,  not  inconsistent 
with  the  constitution  and  laws  of  this  state. 

§  2079.  The  said  board  shall  furnish  to  each  sailors'  hotel  or  boarding-house 
keeper,  licensed  by  them  as  aforesaid,  one  or  more  badges  or  shields,  on  which 
shall  be  printed  or  engraved  the  name  of  such  hotel  or  boarding-house  keeper, 
and  the  number  and  street  of  his  hotel  or  boarding-house;  and  which  said 
badges  or  shields  shall  be  surrendered  to  said  board  upon  the  revocation  by 
them  or  expiration  of  any  license  granted  by  them  as  herein  provided. 

§  2080.  Every  sailors'  hotel  or  boarding-house  keeper,  and  every  agent,  run- 
ner, or  employee  of  such  hotel  or  boarding-house  keepers,  when  boarding  any 
vessel,  in  the  harbor  of  New  York,  or  when  inviting  or  soliciting  the  boarding 
or  lodging  of  any  seaman,  sailor,  or  person  employed  on  any  vessel,  shall  wear 
conspicuously  displayed  the  shield  or  badge  referred  to  in  the  foregoing  section 

§  2081.  It  shall  not  be  lawful  for  any  person,  except  those  named  in  the  pre- 
ceding section,  to  have,  wear,  exhibit,  or  display  any  such  shield  or  badge  to 


LAWS  RELATING  TO  LABOR.  *  235 

any  of  the  crew  employed  on  any  vessel  with  the  intent  to  invite,  ask,  or 
solicit  the  boarding  or  lodging  of  any  of  the  crew  employed  on  any  vessel  being 
in  the  harbor  of  New  York. 

§  2082.  Whoever  shall  offend  against  any  or  either  of  the  provisions  con- 
tained in  sections  two  thousand  and  sixty-nine  to  two  thousand  and  seventy- 
three,  inclusive,  or  two  thousand  and  eighty  or  two  thousand  and  eighty-one, 
of  this  act,  and  any  commissioner  appointed  under  this  chapter  who  shall 
directly  or  indirectly  receive  any  gratuity  or  reward,  other  than  as  herein  pro- 
vided for,  or  on  account  of  any  license  under  this  chapter  shall  be  deemed 
guilty  of  a  misdemeanor.  [As  am'd  ly  L.  1909,  ch.  353.] 

§  2083.  The  word  "  vessel,"  as  used  in  this  chapter  shall  include  vessels  by 
whatever  power  propelled.  The  word  "  sailor  "  and  the  word  "  seamen "  as 
used  in  this  chapter  shall  include  any  person  not  an  officer  employed  on  any 
vessel.  The  word  "  boarding-house "  as  used  in  this  chapter  shall  include  a 
house  where  both  board  and  lodgings  are  given  or  a  house  where  lodgings 
alone  are  given.  The  word  "hotel"  as  used  in  this  chapter  shall  include  a 
house  where  lodgings  alone  are  given  or  a  house  where  both  board  and  lodgings 
are  given.  [As  am'd  by  L.  1909,  ch.  353.] 

§  2084.  The  president  of  the  trustees  of  the  Seamen's  fund'  and  retreat  in 
the  city  of  New  York  shall  demand  and  be  entitled  to  receive,  and  in  case 
of  neglect  or  refusal  to  pay,  shall,  in  the  name  of  the  people  of  the  state  of 
New  York,  sue  for  and  recover  the  following  sums  from  either  the  owner  or 
owners,  or  from  the  master,  or  from  both  the  owner  or  owners  and  master,  of 
every  vessel  from  a  foreign  port;  for  the  master,  one  dollar  and  fifty  cents; 
for  each  mate,  sailor,  or  mariner,  one  dollar.  Second,  from  the  master  of  each 
coasting  vessel,  from  each  person  on  board  composing  the  crew  of  such  vessel, 
twenty-five  cents;  but  no  coasting  vessel  from  the  state  of  New  Jersey,  Con- 
necticut, or  Rhode  Island  shall  pay  for  more  than  one  voyage  in  each  month, 
computing  from  the  first  voyage  in  each  year.  And  the  said  president  may  sue 
for  the  penalties  imposed  by  law  on  masters  of  coasting  vessels  for  nonpay- 
ment of  hospital  money. 


INDEX  OF  THE  LABOR  LAWS 


ACCIDENTS :  PAGE 

first  aid  for,  in  foundries 64 

notice  of,  in  actions  for  compensation  for  injuries 107 

railroad,  investigation  of 176 

reporting  of,  in  building  work 10 

in  factories 57 

in  mines,  quarries  and  tunnels 78 

Advertisements,  false  or  misleading,  of  employment  agencies 221 

Affidavits  may  be  taken  by  Commissioner  of  Labor 22 

by  subordinates  in  the  Department 22 

Age,  evidence  of,  for  employment  certificate  in  factories 33 

in  mercantile  establishments 96 

Agricultural    labor,    statistics    of 171 

Agricultural    schools,    establishment   of 187 

municipal   aid   to    190 

State  aid  to   189 

Air  brakes   on   railroads 175 

Air  gauges  in  tunnel  work 77 

Air  locks  in  caissons,  pressure  in 80 

Air  pipes  in  caisson  work 82 

Air    pressure    in    caisson    work 79 

Air  space  per1  person,   in   factories 56 

in   tenement   workrooms    67 

Aliens,    investigation    and   protection    of 90 

prohibition  of,  on  public  work 15 

Animals  in  bakeries,  prohibited 72 

Apprentices,  duty  of  Commissioner  of  Labor  relative  to" 21 

law  relative  to    18-i 

taking,    without    consent    of   guardian 133 

Arbitration,    Bureau    of   Mediation    and vv-. 88 

Arbitrators,    local    89 

Armories,  compensation  of  employees  in    154 

Arrest  without  lawful  authority 212 

Assignment  of  wages   15,  14.'» 

Assumption  of  risk  by  employees    106 

Attachment,  exemption  of  mechanics'  wages,  tools,  etc.,   from 141 

Attendance  officers,  enforcement  by,  of  law  concerning  children  in  street  trades,  ll'i 

Automatic    sprinklers    in    factories 54 

BADGES,  for  chauffeurs   195 

for  Commissioner   of   Labor  and   subordinates 22 

for  newsboys    115 

for  passenger  train  employees    180 

unauthorized  use  of  union 20(> 

Bail  for  railroad  employees  in  case  of  accident 181 

Bakeries   and   confectioneries  : 

animals  in,  prohibited    72 

are  factories   71 

cellars  not  to  be  used  for 74 

clothing  worn   in,   to  be  washable 72 

definitions   relative  to    71 

diseased  workmen   in,  prohibited 72 

enforcement  of  law  concerning,  in  first  class  cities 71 

general   regulations   concerning    71 

hotel,  powers  of  Commissioner  of  Labor  relative  to 71 

In  tenement  house  basements   G7 

[237] 


238          REPORT  OF  THE  CoAiMissio.xKit  OF  LABOR,  1913. 


Bakeries  an'd  confectioneries  —  Continued  :  i-.u;i: 

inspection   of    ......................................................  7.°, 

sanitary   certificates    for    ............................................  73 

sanitary  code  for    ..................................................  75 

sleeping  in,  prohibited   ..............................................  72 

to  be  maintained  in  sanitary  condition  ................................  72 

Bakers,    medical   examination   of  ..........................................  72 

Banking,  private,   regulation  of  ...........................................  227 

Barbering  on  Sunday    ...................................................  135 

Basements,  in  factories,  to  be  kept  clean  ..................................  56 

in  mercantile  establishments,  employment  of  women  and  children  in  .......  101 

of  tenement  houses,  manufacturing  in  .................................  G7 

Belting,   guarding  of    ...................................................  52 

Belt  shifters  to  be  provided  ..............................................  52 

Blacklisting     ...........................................................  209 

Blasting  in  mines,  tunnels  and  quarries  ..................................  77,  70 

definition  of   .......................................................  12 

Block  system,  hours  of  labor  on  ..........................................  12 

Bbard  of  Mediation  and  Arbitration  ......................................  88 

Boarding  houses,  sailors',  definition  of  .....................................  235 

licensing,  of  ........................................................  233 

Boards  of  health,  duty  of,  as  to  : 

enforcement  of  Bakery  Law  in  first  class  cities  ....................  71 

inspection-  of  tenement  houses  ....................................  GO 

issuance   of  employment   certificates,    in   factories  ................  33,  36 

in  mercantile  establishments   ..............................  96,  99 

location  of  lunch  rooms  in  mercantile  establishments  ...............  100 

reports   of   industrial   poisonings  ..................................  31 

tenement-made  goods    ...........................................  69 

unclean    factories    ..............................................  63 

Bolts  on  machinery  to  be  countersunk  or  covered  ..........................  52 

Bond,  for  sale  of  convict-made  goods   .....................................  102 

of  lodging  place  keeper   .............................................  93 

Boycotting  .............................................................  20S 

Boys  gathering  produce  on  farms,  hours  of  ................................  33 

Brakemen  as  policemen  ..................................................  180 

Branch  offices  of  Department  of  Labor  ....................................  22 

Bribery  of  representatives  of  labor  organizations  ............................  207 

Brickyards,  hours  of  labor  in  ............................................  11 

Bridge  guards  on  railroads  ..............................................  176 

Buffing  wheels,  hoods  and  pipes  for  ........................................  53 

Building  work,  accidents  in,  to  be  reported  ................................  18 

safety  of  employees  in,  regulations  for  ................................  17 

Buildings,  .factory,   inspection   of  .......................................  46.  (if) 

factory  and  mercantile,  protection  of  employees  in  ......................  20 

mercantile,  inspection  of   .  .  ...........................................  101 

Bureau  of  Industries  and  Immigration  ....................................  89 

Bureaus  in   Department  of  Labor  .........................................  .22 

industries  and  immigration   ..........................................  89 

inspection    .........................................................  25 

mediation  and  arbitration    ...........................................  88 

statistics  and  information   ...........................................  30 

Bureau   of   Inspection,   divisions   in  .......................................  26 

factory  inspection   ..................................................  27 

homework  inspection    ...............................................  27 

mercantile  inspection   ...............................................  28 

industrial  hygiene   ..................................................  29 

Bureau  of  Statistics  and  Information,  divisions  in  .........................  30 

general  labor  statistics    .............................................  30 

industrial  accidents  and  diseases  ......................................  30 

industrial   directory    .......................  .........................  3n 

printing  and  publications    ...........................................  '>0 

special    investigations    ,  ............................  ,  ................  30 


INDEX  TO  THE  LABOR  LAWS.  239 


PAGE 

Burns  in  foundries,  first  aid   for 64 

CABOOSES  to  have  railed  platforms 17,-> 

Caisson  work,  hours  of  labor  in 79 

lighting  in    81,  82 

medical  attendance  in 80 

regulations  for 80 

Canal  work,  minimum  rate  of  wages  on '.) 

Canneries,  exemption  from  Fifty-four  Hour  Law 30 

Cash  payment  of  wages 14 

Ceilings,  in  bakeries 72 

in  factory  workrooms   55 

Cellar  in  bakery,  definition  of 71 

Cellar  bakeries,  prohibition  of 74 

Chauffeurs,  licensing  of   194 

Childbirth,  employment  of  females  within  four  weeks  after,  prohibited 62 

Children  : 

compulsory  education  of    , . . ... 124 

delinquency   of,   contributing  to 117 

employment  certificates  for,  in  factories,  cancellation  of 37 

how  issued    , 3;t 

register  of 3(5 

employment  certificates  fo.r,  in  mercantile  establishments,  how  issued 96 

register  of 90 

employment  of,  as  messengers,  prohibited  hours  of {Mi 

in   factories    32 

in  mercantile  establishments   10M. 

in  mines  and  quarries • 70 

in  street    trades 115 

in  tenement  houses,  revocation  of  license  for 66,  67 

on  dangerous  machinery  prohibited   60 

on  parents'  farm   .  .' 33 

hours  of  labor  of,  (bbys)  gathering  produce 33 

in  factories    38 

in  mercantile  establishments 95 

medical  supervision  of,  in  factories,  mercantile  establishments  and  other 

places    29 

physical  examination  of.  in  factories rr-r 37 

in   mercantile  establishments    99 

prohibited    employments    of 60,  130 

school  record  of,  for  employment  certificate,  in  factories 35 

in   mercantile  establishments    98 

under  fourteen  forbidden  to  work  in  or  for  factories 32 

unlawful  employment  of,  penalty  for 126 

Christmas  holidays,  hours  of  labor  during,  in  mercantile  establishments 95 

Civil  service,   the  labor  class   in 153,  155 

Cleanliness,  of  bakeries   71 

of  factory   buildings    56 

of  laundries    60 

of  rooms  in  factories 55 

of  tenant-factory   63 

of  tenement    houses    66 

of  water  closets,  in  factories 59 

in   mercantile   establishments    100 

"  Closed  shop  " 209 

"  Coal  jimmies  "  on  railroads,  use  of.   prohibited 175 

Coercion  of  employees,  in  case  ot  strikes 210 

in  elections  140 

respecting  membership  in  labor  organizations 207 

Cogs,  casings  for : 52 

Commissioner  of  Labor 21 

deputy  commissioners 21 

general  duties  and  powers  of „,  ^  ,,.,,,  21 


2-iO         REPOET  OF  THE  COMMISSIOJTEB  OF  LABOK,  1913. 

PAGE 

Company  stores,  prohibition  of 14 

Compensation,   workmen's,   for  injuries,    compulsory 110 

voluntary 117 

Compressed  air  (see  Caisson  work). 

Compulsory  education   124 

Conductors,  steam  railroad,  as  policemen 180 

street  railway,  qualifications  of 178 

Confectionery  establishments  (see  Bakeries,  etc.)- 

Conspiracy   209 

Contagious  diseases,  in  bakeries 72 

in  factories 63 

in   tenement  work-rooms GG,    67,   68,  69 

prohibition  of  use  of  bedding  materials  exposed  to,  in  the  manufacture  of 

mattresses   121 

Continuation   schools,   establishment   of 187 

municipal  aid  to 190 

State  aid  to    188 

Contributory  negligence   104 

Convict  labor    164 

on  public  highways 1 66 

Convict-made  goods   102 

Counsel   to   Department  of  Labor 2'J 

Couplers,  automatic,  freight  cars  to  be  equipped,  with 172,   175,  176 

Cuspidors   in   factories 55 

Custodian  of  children,  definition  of fio 

DAMAGES  for  injuries  causing  d-eath,  constitutional  provision  as  to 137 

Dangerous  condition  in  mines,  notice  of,   to  be  served  by  the  Commissioner  of 

Labor 78 

Dangerous  trades,   regulation  of,  by  the  industrial  board 64 

Days  of  rest,  in  factories  and  mercantile  establishments 13 

in  railway  service    12 

Debt,  exemption  of  mechanics'  tools,  etc.,  from  attachment  for 141 

exemption   of   wages   from   attachment   for 149 

Definitions  in  Labor  Law 7,  8,  12,  41,  49,  50,  51,  60,  62,  63,  71,  94 

Delinquency,   juvenile,    commitment   for lift 

contributing  to,  punishment  for 11.7 

Department  of  Labor,  branch  offices  of 22 

organization  of 21 

Disputes,  industrial,  intervention  in,  by  local  arbitrators 89 

by    State   bureau 88 

general  provisions  of  law  as  to 208 

Doors  in  factories,  m>t  to  be  locked 45,  48 

not  to  be  obstructed 45,  48 

to  be  marked  by  signs  and  lights 45 

to  open  outwardly 43 

Drainage  and  plumbing,  in  bakeries 71 

in  factory   buildings .' 56 

in  tenant  factories 62 

in    tenement    houses 66 

L\re*ssing   roams,   in   caisson   work 8  f 

in   factories    57 

Drinking  water  in   factories 57 

Drug  clerks,  hours  of  labor  of 134 

Dust,  machinery  creating,  to  be  provided  with  hoods  and  pipes 53 

EATING,  in  certain  factory  work  rooms,   prohibited 60 

Eight-hour  day,  on  reservoir  construction  in  New  York  City 162 

Eight-Hour  Law «) 

exemptions  from,  of  certain  State  employees 30 

Elections,   coercion   of  employees   in 140 

Elevators  and  hoisting  shafts,  in  factories,  guarding  of 40 

operation   of,   by   children .  .  61 

Emergency  rooms  in  factories . . , , , , , .-.••••  58, 


INDEX  TO  THE  LABOR  LAWS.  241 


PAGE 

Employee,   bribery   of 13ft 

definition  of    7 

Employer,    definition   of 7 

Employer's  liability,  constitutional  provision  as  to 137 

in  general   104 

for  railroads 137 

Employment  agencies  in  cities,  definition  of 92,  214 

fees  charged  by 210 

for  aliens    91 

licenses  of 215 

registration  and  reports  of 92 

Employment  certificates  of  children,   in   factories 33 

in  mercantile  establishments 96 

Engineers,    locomotive,    qualifications    of 178 

steam,  licensing  of,  in  New  York  city 198,  199 

steamboat,    licensing    of 194 

Evening  schools,  required  attendance  at,  of  young  persons 125 

vocational,    establishment    of 187 

municipal   aid   to 190 

State  aid  to 189 

Exhaust   fans,   in   factories 53 

in   factory   workrooms 56 

in   foundries    64 

definition  of 51 

Exits  in  factories,  requirements  for 41,  42 

to  be  accessible    44,  45 

to   be   marked   and   lighted 45 

Expenses  and  salaries  in  Department  of  Labor 22 

Explosives,  use  of,  in  mines,  tunnels  and  quarries 77,  79 

Extortion,    definition    of 210 

FACTORIES,   registration   of 32 

Factory,  definition  of 7 

Factory  buildings,  approval  of  plans  for,  by  Commissioner  of  Labor 46 

cleanliness  of   56 

construction  of 41,  42,  45 

definition  of    rr. 8 

inspection  of   46,  60 

limitation  of  members  in 47 

meaning  of  terms  relating  to 49 

requirements   for  existing 42 

requirements  for  new  and  existing 45 

smoking  in.  prohibited 55 

spitting  in,   prohibited 55 

eating   in   certain,    prohibited 60 

Factory   inspection,   division   of 27 

Factory  inspectors,  appointment  and  number  of 26 

Factory   Law 31 

Farm  work,  employment  of  children  in 33 

Female  employees  (see  Women). 

Fifty-four  Hour  Law,  for  minors  and  women,  in  factories 38 

in   mercantile   establishments 95 

Fire  alarm  signal  systems  in  factories 54 

Fire  doors  in  factories,  definition  of 50 

Fire  drills  in  factories 54 

Fire  escapes  in  factories,  construction  of ,-.  . .  .  43 

lighting   of    44 

Fire  walls  in  factories,  definition  of 49 

Firemen,  stationary,  licensing  of,   in  New  York  City 201 

Fireproof  construction  in  factories,  definition  of 49 

Fireproof  materials  in  factories,  definition  of 49 

Fireproof  receptacles   in   factories , 55 


242    REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

PAGE 

Fireproof  stairways,  exterior  enclosed,  definition  of 50 

Fireproof  windows  in  factories,  definition  of 50 

"  First  aid  "  in  foundries 64 

Floor  area  in  factories,  definition  of 41 

Floors,  in  bakeries,  cleanliness  of 72 

in  building  wark,  to  be  planked 18 

in   factories,    cleanliness   of 55 

Forty-eight  Hour  Law,  for  children  under  sixteen,  in  factories 38 

Foundries,  employment  of  females  in  core  rooms  of 61 

special    requirements    for 63 

"  Full  crew  "  law  for  railroads 176 

GAS  JETS  in  factories  to  be  enclosed "> 

Gauges,  air,  steam  and  water,  on  boilers,  in  mines  and  tunnels 77 

Gearings,   casings  for 52 

Grinding  wheels,  hoods  and  pipes  for 53 

Guard  posts  at  bridges  on  railroads 17G 

Guards  on  machinery  to  be  replaced  immediately  after  removal 52 

HALF-HOLIDAY,    definition    of 134 

Halls  in  factories,  lighting  of 53 

Highway  work,  hours  of  work  on,  outside  of  cities  and  viWages 10 

employment  of  convicts  on 166 

Hoisting  engineers,   qualifications   of 83 

Hoisting  of  materials  on  outside  of  buildings 19 

Hoisting  ropes,  strength  of.  in  mines  and  tunnels 77 

Hoisting  shafts,  enclosure  of,  in  building  wjark 19 

in  factories 40 

Holidays,  public   134 

Home  making  schools,  establishment  of 187 

municipal   aid  to 190 

State  aid  to 189 

Home  work  inspection,  division  of 28 

Hours  of  labor : 

during  Christmas  holidays  in  mercantile  establishments 95 

in  bakeries  and  confectioneries 71 

in  brick  yards   11 

in  caisson  work 79 

in  canning  establishments    39 

in  domestic  service   9 

in  farm  work   9 

in  legal  day's  work  in  absence  of  contract 9 

of  block   system   telegraph   and   telephone   operators 12 

of  children,  minors  and  women  in  factories 38 

in  mercantile  establishments 95 

of  children  on  farm 33 

of  drug  clerks 134 

of  messengers   96 

of  uewsboys 1115 

of  prisoners    165 

in   New   York   City  penal  institutions 170 

of  signalmen  on  railroads 12 

on  public  work 9 

on  railroads    e H 

on  reservoir  construction  in  New  York  City 162 

on  street  surface  and  elevated  railroads 11 

Hydro-extractors,  covers  and  guards  for 52 

IMMIGRATION,   BUREAU   OF   INDUSTRIES   AND 89 

Immigrant  lodging  places,  definition  of 94 

licensing  of 

regulation  of 93 

Incombustible  material,   definition   of 49 

Incorporation  of  labor  organizations 204 


INDEX  TO  THE  LABOR  LAWS.  243 

PAGE 

Indenture,   definition  of 184 

regulations  as  to 184 

Industrial  accidents  and  diseases,  division  of 30 

Industrial   board,   organization   of 23 

code  of 25 

jurisdiction  of    24 

regulations  of 25 

rules  of,  to  be  posted  in  factories 05 

to  be  posted  in  mercantile  establishments 102 

penalty  for  violation  of 123 

Industrial  board,  powers  and  duties  as  to  : 

bakeries,   sanitary  certificates   for 73 

sanitary  code  for 75 

ventilation  of 71 

children  and  minors  in  prohibited  employments 60 

dangerous  trades,  regulation  of 64 

day   of  rest  in  factories  and  mercantile  establishments 14 

dressing  rooms  in  factories 58 

elevators  in  factories 40 

factories,   lighting  of 53 

machinery  and  safety  devices  in 52 

ventilation  of 56 

factory  tuildiugs,  limitation  of  number  of  occupants  of 47 

inspection  and  approval  of  plans  of 46 

materials  used  in  construction  of 49 

fire  alarm  systems  in  factory  buildings,  number  and  location  of 54 

fire  escapes  in  factory  buildings 43 

foundries,  special  requirements  for 63 

industrial    code,   formulation   of 25 

labor  camps,  sanitation  of  living  quarters  in 64 

mines,  tunnels  and  quarries,  formulation  of  rules  for 76 

ventilation,  etc.,  in  factories,  to  fix  standards  of 56 

washrooms  in   factories 58 

waterclosets  in  bakeries 72 

in  factories   58 

women  and  minors,  extra  hours  of,  in  canneries 39 

women,   employment  of,   in   core   rooms 62 

seats  for,  in  factories,  hotels  and  restaurants 17 

Industrial  board  mentioned  in  the  Labor  Law 14-,  17,  20,  22,  23,  24, 

25,   29,   39,  40,  43,  45,  46,  47,  48,  49,   50,   52,  53, 

54,  56,  57,  58,  59,  61,  62,  64,  65,  71,  73,   75,   76,  102 

Industrial  code,  formulation  of,  by  the  industrial  board 25 

Industrial  directory,  division  of 30 

Industrial  diseases,   reporting  of 31 

Industrial   disputes    208 

Industrial  education    184 

Industrial  hygiene,  division  of 29 

bulletins  of   , 29 

medical  inspection  in,  section  of 29 

report  of    29 

Industrial  schools,  establishment  of 187 

municipal  aid  to 190 

State  aid  to 189 

Industries  and  immigration,  bureau  of 89 

Information,  statistics  and,  bureau  of 30 

Inspection,  of  bakeries 73 

of  elevators  and  hoisting  shafts  in  factories 40 

of  employment   agencies   for  aliens .  .  . '. 91 

of  factories   27 

of  factory  buildings   46,  60 

of  immigrant  lodging  places 91 


244         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

Inspection,   of  bakeries  —  Continued  :  PAGE 

of  labor  camps   91 

of  lauding  places  for  aliens 91 

of  living  quarters  in  labor  camps 64 

of  locomotive  boilers 172 

of  mercantile  establishments   101 

of  mines,   tunnels  and  quarries 75 

of  scaffolding,  etc.,  in  cities 18 

of  steam  boilers  in  mines  and  tunnels 77 

in  New  York  City 198 

of  sweatshops 60 

Intimidation,   in   labor   disputes 208 

of  employees  as  voters 140 

Intoxicants,  excessive  use  of,  bar  to  employment  in  compressed  air  work.  ...  81 
intemperate  use  of,  bar  to  employment  by  railroad  and  steamboat  corpora- 
tions      170 

Intoxication  of  railway  and  steamboat  employees  prohibited 179 

Investigations,   special,   division   of 30 

JOINTERS,  guards  for 52 

Juvenile    delinquency,    commitment   for 116 

penalty  for  contributing  to 117 

KEYS   on   machinery,   guards  for 52 

LABELS,    union,   protection?  of 16 

Labor  camps,  inspection  of 91 

maintenance  of,  in  sanitary  condition 64 

schools  in 191 

Labor  Law,  penalties  for  viol'ation  of 8,  11,  14,  15,  16,  17,  20',  21.  31,  37,  38 

39,  57,  60,   117,   121,   122.   123,  126 

Labor  organization?*  bribery  of  representatives  of 207 

coercion  by  employees  not  to  join,  illegal 207 

construction  or  maintenance  of  buildings  by 204 

discrimination  by,  against  members  of  National  Guard 206 

fraudulent  representation  as  to 206 

incorporation  of 204 

labels  of   16 

suits  by  or  against 203 

unauthorized  use  of  badges  of 206 

Labor  statistics,   general,   division  of 30 

Laundries,   special  regulations  concerning 60 

Laws  to  be  posted,  in  factories 65 

in  mercantile  establishments 102 

Lectures  for  working  people  in  New  York  City,  free 192 

Legal  day's  work,  number  of  hours  in 9 

Liability,  for  personal  injuries,  civil 104,   137,  138 

criminal 138 

of  railroad  for  contractors'  wage  debts 150 

of  stockholders  for  wage  debts 150 

Licenses  : 

of  chauffeurs   194 

of  dangerous  trades   65 

of  employment  agencies 92,  215 

of  immigrant    lodging   places 93 

of  loan  Rgencies 145 

of  moving  picture  machine  operators 196 

of  pilots   on   vessels 194 

of  private  bankers 227 

of  sailors'     boarding-houses 233 

of  sellers  of  convict-made  goods 102 

of  stationary  engineers  in  New  York  City 198 

of  stationary  firemen  in   New   York  City 201 

of  steamboat  engineers 194 

of  tenement-houses    65 

of  ticket  agencies  selling  transportation  to  or  from  foreign  countries 224 


INDEX  TO  THE  LABOR  LAWS.  245 

PAGE 

"  Life  and  Limb  Law  " 17 

Lighting,  in  caissons  and  tunnels 81,  82 

in  factories,   of  dressing  rooms 58 

of   elevators   and   ho'.stways 40 

of  exits    45 

of  halls    53 

of  passageways    44,  53 

of  stairways    51,  53 

of  waterclosets 59 

of  workrooms    53,  56,  58 

in  foundries    64 

in  mercantile   establishments,   basements   of 101 

in  tenant  factories    63 

in  tenement   houses 67 

Living  quarters  in   labor  camps,  inspection   of 64 

Loan  agencies,  licenses  of 145 

Loans,  on  salaries  and  wages,  assignments  of 143 

security  for  usurious 143 

supervision  over  small 145 

Lockers,  to  be  provided  for  compressed  air  workers 81 

in  bakeries 72 

in  foundries    64 

Lockouts   (see  Disputes). 

Locomotive  boilers,  inspection  of 172 

Locomotive  engines  to  be  equipped  with  power  brakes 174 

Locomotives,  steam,   care  of,  by  railroads 174- 

Lodging  places  for  immigrants,  inspection  of 91 

licensing  and  regulation  of 9.°, 

Lunch    rooms,   in   factories 60 

in  mercantile  establishments -100 

Lunch  time  in  factories 60 

MACHINERY,  in  factories,  cleaning  of,  in  motion,  by  women  and  minors,  pro- 
hibited      61 

dangerous,  use  of,  prohibited 52 

guarding  of 52 

notice  of  "  dangerous,"  not  to  be    removed 53 

Married  women,  right  to  wages 152 

Material  to  be  manufactured,  unlawful  to  seM  or  pawn 138 

Meals,  eating  of,  in  certain  factory  workrooms,  prohibited 60 

time  allowed  for,  in  factories ?7 59 

in  mercantile  establishments 96 

Mechanic  arts  schools,   establishment  <xf 187 

municipal  aid  to 190 

State  aid  to 189 

Mechanics'  tools,  exempt  from  attachment 141 

Mediation  a-nd  arbitration,  bureau  of 88 

Medical  attendance,  in  caissons  and  tunnels SO 

Medical  inspection,  of  bakers 72 

section  of,  in  Department  of  Labor 29 

Mercantile  establishment,  definition  of 8 

Mercantile  establishments,  inspection  of  industrial  processes  and  conditions  in . .  29 

medical  inspection  in 29 

regulations  concerning    95 

S<anday   labo**  in 13 

women  and  children  in,  hours  of  labor  of 95 

Mercantile  inspection,  division  of 28 

in  first  and  second  class  cities 29 

Mercantile  inspectors,  appointment  and  number  of 26 

duties  and  powers  of 28 

Mercantile  Law,  enforcement  of,  in  cities  of  first  and  second  class 101 

in  third  class  cities  and  villages  of  3,000  or  more  population 95,  101 

Messengers,   hours  of  labor  of 93 

may  not  be  sent  to  certain  places 132 


246         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

PAGE 

Mines  and  tun-nels,  admission  of  inspectors  to 82 

Mines,   notice  of  abandonment  of 70 

Mines,  tunnels  and  quarries 75 

notice  of  opening  new 78 

rules  a.nd  regulations  of  Commissioner  of  Labor  concerning 82 

Minimum  rate  of  wages,  on  canal  work 9 

Minors,*  employment  of,  in  canneries,  exempted  from  Fifty-four  Hour  Law.    ...  39 

in  factories 32 

hours  of  labor  of,  in  factories 38 

in   mercantile   establishments 95 

not  to  clean  machinery  in  motion 61 

payment  of  wages  to 133 

unlawful  employments  of 60,  115 

Motormen,   street   railway,   qualifications  of 178 

Moving  picture  machine   operators,   licensing  of 196 

Municipal   contracts,    subletting  of 161 

Municipal  employment,  hours  of  labor  on 9 

registration   of   laborers   in 155 

Municipal  ordinances,  enforcement  of,  by  Commissioner  of  Labor 27,  29 

National  Guard,  depriving  members  of,  of  employment 210 

members  of,  discrimination  against,  by   labor  organizations 206 

Negligence,  civil  liability  for 104,  137 

criminal   liability   for 13S 

New  York  City: 

barbering  on  -Sunday 135 

boiler  inspection    198 

eight-hour  day  authorized  in  reservoir  construction 162 

elevated  railroads,  misconduct  of  employees  on 179 

employment  agencies,  private 213 

engineers,  steam,  licensing  of 199 

firemen,  stationary,   licetfsing  of 201 

hours  of  labor  of  drug  clerks,  restricted 134 

hours  of  labor  on  street  railways 11 

lectures,  free,  for  working  people 192 

moving  picture  machine  operators,  licensing  of 196 

penal  institutions,  employment  of  inmates  of 169 

relief  and  pension  fund  fo.r  street  cleaners 157 

sailors'  boarding  houses,  licensing  of 233 

street  surface  cars,  enclosure  of  front  and  rear 177 

vacations  of  employees  of 130 

wage  debts,  procedure  for  collection  of 143 

wages  of  street  cleaners  in 155 

Newsboys,   employment  of,   regulated 155 

Night  work,  of  children,  in  street  trades 116 

under  sixteen,  in  factories 38 

under  sixteen,  in  mercantile  establishments 95 

of  children  and  women,  in  mercantile  establishments 95 

of  women,  in  factories,  prohibited  after  10  p.  m 62 

of  women  and  minors,  in  factories 38 

Notaries,    fraud  by 232 

OATHS,  may  be  administered  by  Commissioner  of  Labor 31 

may  be  administered  by  subordinates  in  Department 22 

Obscene  writing   in    waterclosets 59 

Occupant  of  tenant-factory  responsible  for  ventilation,  etc 56 

Occupants,  in  factories,  posting  as  to  number  of 48 

in  factory  buildings,  number  of 47 

Occupier  of  bakery,  definition  of 71 

One  day's-  rest  in  seven,  in  factories 13 

in   mercantile  establishments 13 

Outlets  of  mines 76 


*  See  also  "  Children." 


INDEX  TO  THE  LABOR  LAWS.  247 

PAGE 

Overtime  of  block  system  telegraph  and  telephone  operators,  extra  compensation 

for 12 

Owner  of  bakery,  definition  of 71 

of  bakery,    responsibility    of 7:? 

of  factory  building,  responsible  for  its  safety 60 

of  tenant-factory,    definition    of 63 

of  tenant-factory,    responsibility    of 62 

of  tenement  house,  responsibility  of. 70 

PANS,   in   factories,    covers   for 52 

Partitions,  construction  of,  in  factories 42,  43 

in  waterclosets 59 

of  dressing  rooms 58 

Passageways  in  factories  to  be  lighted 53 

Peace  officers,  special,  to  be  citizens 212 

Penal  Law,  provisions  of,  for  violation  of  the  Labor  Law 121 

Penalties  for  violation  of  Labor  Law 8,  11,  14,   15,   16,   17,  20,  21,  31, 

37,  38,  39,  57,  60,  117,  121,  122,  123,  126 

Pension  fund,  of  street  cleaners,  in  New  York  City 157 

Permits,  allowing  women  in  canne'ries  to  work  sixty-six  hours  per  week 39 

allowing  short  noon-day  meal  rn  factories 59 

as  to  location  of  lunch  rooms  in  mercantile  establishments 100 

dispensing  with  the  posting  of  notice  of  hours  of  labor  a>t  beginning  of  week.  38 

for   street   trades 115,  1 16 

for  tenement  house  ma-nufacturing 70 

Physical   examination,   of  bakers 7.2 

of  children,   in   factories 37 

of  children,   in   mercantile  establishments 97 

of  female  employees,  sex  of  physician  making 21 

Physicians,   reporting  of  industrial  poisonings  by 31 

Picketing,  law  as  to 208 

Pilots,  licensing  of 194 

"  Piukerton  Law,  Anti-  " 212 

Planers,   hoods   for 52 

Platforms  on  street  cars  to  be  en-closed 177 

Plumbing,  in  factory  buildings 56 

in  tenant-factories  62 

in  tenement  houses __, 66 

Poisonings,  industrial,  reporting  of,  by  physicians 31 

Police  officers,  conductors  and  trainmen  as .180 

special,   to   be   citizens 212 

Polishing,  employment  of  women  and  minors  at,  prohibited 61 

Polishing  wheels,  hoods  and  pipes  for 53 

Posting : 

of  fire  drill  regulations 54 

of  hours  of  labor,  in  factories 38,  39 

of  license  for  sale  of  convict-made  goods 102 

of  list  of  employees  working  on  Sunday 13 

of  notice  in  factories  as  to  number  of  occupants 48 

of  notice  prohibiting  eating  in  certain  workrooms 60 

of  notice  prohibiting  smoking  in  factories 55 

of  permit  as  to  meal  time  at  noon  in  factories 59 

of  rules  and  regulations  of  the  industrial  board,  in  factories 65 

of  rules  and  regulations  of  the  industrial  board,  in   mercantile  establish- 
ments      102 

Posting  of  laws : 

in  employment  agencies,  in  cities 221 

in  factories   65 

in  mercantile  establishments 102 

Powers  of  Commissioner  of  Labor,  deputies,  etc 22 

Prevailing  rate  of  wages,  on  public  work 9 

exemption  from,  of  certain  State  employees 10 

Printing  and  photo-engraving,  by  prisoners,  prohibited 166 


248         REPORT  OF  THE  COMMISSION  EH  OF  LABOR,  1913. 

PAGE 

Printing  and  publication,  division  of 30 

Prison  labor   164 

Prisoners,  employment  of,  in  county  jails 168 

employment  of,  in  New  York  City  penal  institutions 169 

Prisons,  compensation  of  employees  in  State 154 

Private   banking,    regulation    of 227 

Prohibited  employment  of  children,  women  and  minors 60 

Public  employees,  vacations  of 136,  155 

Public  employment  agencies,  in  cities 213 

Public   holidays    134 

Public  Service  Commissions,  complaints  to 182 

duty  of,  to  investigate  accidents 176 

Public  work  : 

citizens  of  New  York,  preference  to 15 

citizens  of  United   States  to  be  employed 15 

Commissioner  of  Labor  to  enforce  regulations  as  to  labor  on 20 

company  stores  prohibited 14 

forfeiture  of  contracts  on 20 

hours  of  labor  on 9 

hours  of  labor  on  New  York  City  aqueduct 162 

laborers  in  State  service ' 153 

minimum  rate  of  wages  on  canals 9 

power  of  Legislature  to  regulate  labor  on 153 

prevailing   rate   of   wages   on 9 

sub-letting  of   contracts   prohibited 161 

wages  of  State  employees  to  be  paid  semi-monthly 153 

wages  on  canal  construction  to  be  secured  by  contractors'  bond 162 

Pulleys,  safety  appliances  to  be  provided  on 52 

Pulleys  and  tackles,  in  building  work 18 

QUARRIES    (see  Mines). 

RAILROADS,  badges  of  employees  of 180 

bail  of  employees  in  case  of  accident 181 

"  coal    jimmies  "    prohibited J 75 

conductors  and  trainmen   as  policemen 180 

disorderly  conduct  on 211 

disposition   cf    unclaimed   articles 181 

elevated,   misconduct  of  officials  on 179 

employment  of  intemperate  persons  on 179 

full  crews  on   176 

hours  of  labor  on 11 

inspection  of  locomotive  boilers  of 172 

liability  of,  for  contractors'  wage  debts 150 

liability  of,  for  injuries  to  employees 137 

not  to  employ  intemperate  persons 179 

regulation  of  conditions  on,  by  Public  Service  Commissions 182 

safety  appliances  on 172 

street  railway  employees,  qualifications  of 178 

street  surface  and  elevated,  hours  of  labor  on 11 

to  pay  wages  in  cash 14 

to  pay  wages  semi-monthly in 

uniforms  of  employees  of 180 

Railway  labor 172 

Receivers,  to  treat  wages  of  employees  as  a  preferred  debt 14 

Receptacles  in   factories  for  waste 56 

Records  of  Department  of  Labor,  when  to  be  destroyed 23 

Refusal  to  labor  when  endangering  life 210 

Register,   of  children,  employed  in   factories 30 

of  children   employed   in   mercantile   establishments 99 

of  employment  agencies    217 

of  laborers  for  municipal   employment.  .  .  '. 155 

of  outworkers    in    tenement   houses.  .  68 


INDEX  TO  THE  LABOR  LAWS.  249 

PAGE 

Registration,   of  employment   agencies 92 

of  factories   32 

Reports,  of  bureaus  in  Department  of  Labor 89,     94 

of  Commissioner  of  Labor 23 

Rest,  period  of,  for  certain  railway  employees 11,  12,     18 

for  factory  employees 13 

for  mercantile  employees   13 

for  women,  at  night   62 

Rest,  one  day  in  seven,  in  factories  and  mercantile  establishments 13 

"  Right  to   strike  " 208 

Rights,  political  and  legal,  of  workingmen 140 

•SAFEGUARDS,   on   railroads 174 

Safety,  of  employees  in  bakeries 71 

of  employees  operating  machinery 52 

of  railway    employees 172 

Safety  switches  to  be  placed  on  railroad  tracks 172 

Sailors'  boarding  houses,  licensing  of 233 

Salaries  and  expenses  in  Department  of  Labor 22 

Salaries,   loans  en 143 

Sanitary  certificates   for  bakeries 73 

Sanitary  code  for  bakeries  and  confectioneries 75 

Sanitation  of  bakeries 72 

of  factories   55 

of  living  quarters  in  connection  with  factories 64 

of  tenant-factories 63 

of  tenement  houses   66 

Saratoga  Springs,  Sunday  barbering  permitted  in 135 

Saws,  guards  for .12 

Scaffolding,  inspection  of,  in  cities IS 

safety  of   17 

School  authorities  to  issue  permits  for  children  in  street  trades 115 

School    record   certificate 127 

School  record  of  children  in  factories 33,  35 

in  mercantile  establishments 96.  98 

School  record  to  be  kept  by  teachers 127 

"  School   sink  "   prohibited   in    factories 59 

Schools  in  labor  camps ;^ 191 

Schools,  industrial,  trade,  agricultural,  mechanic  arts  and  home  making 187 

Schools,  required  attendance  at 124 

Screens  for  waterclosets   59 

Seamen,  protection  of 233 

Seats,  for  female  employees,  in  factories,  hotels  and  restaurants 17 

for  women  in  mercantile  establishments 101 

for  women  in  dressing  rooms  in  factories 58 

Semi-monthly  payment  of  wages,  to  railway  employees 15 

to    State    employees 153 

feet  screws,  guarding  of 52 

Shafting,  casing  for 52 

Shafts    (see  Hoisting  Shafts). 

Shops  on  ground   floor  of  tenements 68 

Signal  systems  in  factories,  fire  alarm 54 

Signalmen  on  surface,  subway  and  elevated  railroads,  hours  of  labor  of 12 

Sinks  in  factory  washrooms 58 

Size  of  rooms,  in  bakeries 72 

in  factories   56 

Sleeping    in    bakeries,    prohibited 72 

in   laundries,   prohibited 60 

Sleeping-rooms  in   drug  stores 134 

Smoking  in   factories,   prohibited 55 

Special  investigations,  division  of 30 

Spitting  upon  floors,   etc.,  in  factories,  prohibited 55 

Sprinklers,   automatic    54 


250    REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

PAGE 

Stairways,  in  factories,  lighting  of 51,  53 

in  factories,  requirements  as  to 41,  42,  43,  44,  45,  47 

State  armories,  wages  of  employees  in 154 

State  institutions,  employees  in,  exempted  from  Eight-hour  Law 10 

employees  in,  payment  of  wages  to 153 

State  work    (see  Public   Work). 

Stationary  firemen,  licensing  of.   in  New  York  City 201 

Statistics  and  information,  bureau  of 30 

Statistics  of  agricultural  labor.  .  .  . . 171 

penalty  for  failure  to  furnish 31 

Steam  boilers,  criminal  negligence  by  persons  in  charge  of 138 

in  mines  and  tunnels,  inspection  of 77 

inspection  of,  in  New  York  City 198 

Steam  engineers,  licensing  of,  in  New  York  City 198 

Steam  gauges,  for  boilers,  in  mines 77 

on  railroads   174 

Steamboats,  criminal  negligence  by  persons  in  charge  of 138 

employment  of  intemperate  persons  on 179 

misconduct  on,  by  employees 179 

Stockholders,  liability  of,  for  wage  debts 149 

Storage  of  inflammable  supplies  in  mines  and  tunnels 77 

Storage  rooms  in  bakeries 72 

Store  orders,  illegal 14 

Stores  -(see  Mercantile  establishments). 

Street  cleaners,  in  New  York  City,  relief  and  pension  fund  of 157 

in  New  York  City,  wages  of 135 

Street  railway  employees,  qualifications  of 1 78 

Street  railways,  car  platforms  to  be  enclosed 177 

disorderly  conduct  on 211 

employment  of  intemperate  persons  on 179 

hours  of  labor  on 11 

powers  of  public  service  commissions  in  respect  to 182 

unclaimed  articles  found  in  cars , 181 

Street  surface  and  elevated  railroads,  hours  of  labor  on 11 

Street  trades,  employment  of  children  in 115 

Strikes  and  lockouts   (see  Disputes). 

Suction  devices  to  remove  impurities  from  workrooms 56 

Subpoena  of  witnesses,  records,  etc.,  power  of  Commissioner  of  Labor  as  to.  ...  91 

Sunday  labor,  in  general 135 

regulation  of,  in  factories 13 

in   mercantile  establishments 13 

Switchboards,  electric,  protection  of  employees  at 20 

"  TAGGING,"   of   convict-made  goods 103 

of  goods  exposed  to  contagion,  in  factories 63 

of  tenement-made  articles   68 

of  dangerous  machinery   53 

of  unsafe  scaffolds    18 

of  unsanitary  bakeries   73 

Telegraph   operators,   qualifications   of 178 

Telegraph  and  telephone  operators,  block  signal  system,  hours  of  labor  of 12 

Temperature  of  factory  workrooms,  regulation  of 56,  57,  65 

Tenant-factories,   regulations   concerning 62 

Tenant-factory,   definition  of 62 

Tenants  in  bakeries,  responsibility  of 73 

in  tenant-factories,  responsibility  of 63 

Tenement  basements,  manufacturing  in 67 

Tenement  house,   definition   of 3 

inspection  of '. 28 

Tenement  house  workers,  permit  necessary  for  factory  owners  giving  work  to ....  70 

Tenement-made   articles 65 

labeling  of 68 

Tenement  manufacture,  register  of  outworkers  engaged  in,  to  be  kept 68 


INDEX  TO  THE  LABOR  LAWS.  251 

PAGE 

Tenements,  manufacture  of  certain  articles  in,  prohibited 70 

unlawful  use  of,  responsibility  of  owner  for 70 

Ticket   agents,   regulations   concerning 224 

Timbering  of  mines  and  tunnels 77 

Time  allowed  for  meals  in  factories 59 

Tobacco,  use  of  in  bakeries,  prohibited 72 

Tools,  mechanics',  exempt  from  attachment  for  debt 141 

Trade  schools,  establishment  of 187 

municipal  aid  to 190 

State  aid  to 189 

Trade  unions    (see  also  Labor  organizations) 203 

Trades,  dangerous,  regulation  of,  by  industrial  board 64 

licensing  of 194 

Trained  nurse  to  be  in  charge  of  medical  lock  in  compressed'  air  work 81 

Trainmen   as   policemen 180 

Transportation  agencies,   licensing  of 224 

Traveling  expenses  in  Department  of  Labor 22 

Traveling   ways   in   mines 78 

"  Truck  "   system,    law   prohibiting 14 

Tunnels   (see  Mines). 

UNCLAIMED  PROPERTY,  disposition  of,  when  found  in  public  vehicles 181 

"  Unclean  "  label,  in  bakeries 73 

in  factories 63 

on  tenement-made  articles 68 

Uniforms,   unauthorized   wearing  of 180 

Union    label,    protection    of 16 

VACATIONS    of   public    employees 136 

Vats,  covers  for 52 

Ventilation,   in   bakeries 72 

in  basements  of  mercantile  establishments 101 

in  factory  workrooms    56,     57 

in  mines  and  tunnels 77 

in  tenement  workrooms 67 

of   waterclosets,    in    factories 59 

in  mercantile  establishments 100 

of   workrooms   in   factories 58 

Vermin,   in  bakeries,   prohibited 72 

in  laundries,  prohibited    .^^ 60 

in  tenement  houses  used  for  manufacturing,  prohibited 66 

Violations  of  Labor  Law,  penalties  for 8,  11,  14,  15,  16,  17,  20,  21,  31,  37, 

38,   39,  57,  60,   117,   121,   122,   123,  126 

Vocational  schools,  establishment  of 187 

municipal  aid  to 190 

State  aid  to 189 

Voters,    intimidation    of 140 

Voting,  time  allowed  for.  to  employees 140 

WAGES,  assignment  of 15,  143 

cash  payment  of 14 

court   fees  in   suits   f or .  .  . 151 

due  employees  of  contractors,  payment  of,  by  railroads 150 

garnishee  of    141 

married  woman's  right  of  action  for 152 

minimum  rate  of,  on  canals 9 

of  contract  labor  on  canals,  security  for 162 

of  employees  of  State  armories 154 

of    State   prisons 154 

of  street  cleaners  in  New  York  City 155 

payment  of,  semi-monthly,  to  State  employees 153 

to  minors    13.'> 

weekly,  by  corporations 15 

to  be  regarded  as  preferred  claims • 149 


252         REPORT  OF  THE  COMMISSIONER  OF  LABOR,  1913. 

PAGE 

Wage  debts,  liability  of  railroads  for  contractors' 150 

liability    of    stockholders    for 149 

ordinary  exemptions  not  valid  against 140 

Waitresses,  seats  for,  in  hotels  and  restaurants 17 

Walls,  in  bakeries 72 

in  factory  workrooms,  cleanliness  of 55 

to  be  painted  or  liinewashed 55 

Washrooms,  in  bakeries   72 

in  factories   57 

in  foundries    64 

in  mercantile  establishments 100 

in  mines  and  tunnels 79 

Washing  facilities,  in  bakeries 71 

special,  where  poisonous  substances  are  used 58 

Waste,  receptacles  for,  in  bakeries 77 

in  factories    55,  56 

Water  to  be  supplied,  in  bakeries 71 

in  factories 57 

(hot  and  cold)   in  foundries 64 

Waterclosets,  in  bakeries 72 

in  factories    " 58 

in  foundries    64 

in  mercantile  establishments 100 

in  tenant-factories 62 

outdoor,  for  tenant-factories 62 

Water  gauges  for  boilers,  in  mines 77 

on  locomotives   174 

Weekly  payment  of  wages  by  corporations 15 

Windows,  in  bakeries    71 

in  dressing-rooms   of  factories 58 

in  factory  buildings   44,  45 

in  foundries    63 

in  waterclosets  in   factories 59 

used  as  means  of  exit  in  factories  : 

not  to  be  locked 45 

not  to  be  obstructed 45 

on  course  of  fire  escapes  to  be  fireproof 45 

opening  on  fire  escapes  to  have  steps  leading  to  sills 44 

to  be  indicated  by  lights  and  signs 45 

Witnesses,  subpoena  of,  by  : 

board  of  mediation  and  arbitration 88 

'Commissioner  of  Labor ' 31 

industrial  board 24 

Women,  compulsory  period  of  rest  at  night  for 62 

employment  of,  prohibited  after  child  birth '. 62 

in   foundry  core  rooms,   regulation  of 61 

married,  right  of  action  for  wages 152 

•right  to  have  female  physician  for  physical  examination 21 

seats  for,   in  factories,   hotels   and   restaurants,  .  •. 17 

in  mercantile  establishments 101 

Women  and  children,  employment  of,  in  basements  of  mercantile  establishments .  101 

in  mines  and  quarries,  prohibited 79 

hours  of  labor  of,  in  factories 3S 

in  mercantile  establishments 95 

prohibited  employments  of,  in  factories 60 

Women  and  minors  employed  in  canneries,  exemption  of,  from  Fifty-four  Hour 

Law 39 

"Workmen's  compensation,  compulsory,  in  dangerous  employments 110 

voluntary   compensation  plan 107 

Workrooms  in  factories,  air  space  in 50 

cleanliness  and   safety  of 55 

lighting  of 52 

ventilation  of  .              56 


RETURN  TO:      CIRCULATION  DEPARTMENT 
198  Main  Stacks 


Books  may  be  renewed  by  calling  642-3405. 
DUE  AS  STAMPED  BELOW. 


MAY  0  f  2004 


FORM  NO.  DD6 
50M    5-03 


UNIVERSITY  OF  CALIFORNIA  BERKELEY 
Berkeley,  California  94720-6 


Gay  lord  Bros. 

Makers 

Syracuse,  N.  V 
PAT,  JAN.  21,  1908 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


